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Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1482
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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My Son and Daughter just gave birth to a healthy baby Boy

Customer Question

My Son and Daughter just gave birth to a healthy baby Boy two days ago, and now the CPS has issued a 48 hour restraint hold of the baby so that both the parents can go before the Courts to see if they are fit, yet there was no health risk to both the baby, or the parents stating any abuse. What can I do since all three of us are on public assistance, and have no large enough resources to fight this abuse on the part of CPS??
Submitted: 4 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 4 years ago.
Hello. My name is ***** ***** I will be happy to answer your question.

I am sorry to hear about your daughter's unfortunate situation.

What is the reason that CPS is involved and what are the grounds for the temporary restraining order?
Customer: replied 4 years ago.

they have said that because when My daughter was on Meth over 9 weeks ago, and the embillicle cord said the baby had it in his system. That the parents even though they are clean now, could pose a risk now for the baby so they are holding him for 48 hours till the courts say otherwise which is tomorrow. My Son says he will do what the courts say to do in order to get his son back into his custody, even go as far as UA for both of them, and a in home annalasis of the home envirement, which I am able to support. What should I do in this matter, and say or do with the courts appointed Lawyer? Can I come back when I have a problem with the Hospital CPS Worker??

Expert:  Alex J. Esq. replied 4 years ago.
Dear *****,

Unfortunately, I cannot tell you what to do or to say in this serious legal matter / child custody proceedings, as such would constitute legal advice, which you can only obtain from your local licensed attorney, during an in-person consultation and upon review of all relevant facts and documents by this local attorney.

However, I can provide you with a general answer based on the common principles of law, which might or might not apply in your situation.

Please let me know if you have a legal question to which I can provide you with a general answer?

Customer: replied 4 years ago.

what can I do to help the lawyer get back The Baby back into the care of the parents? You didn't answer my question to my satisfaction.

Customer: replied 4 years ago.

What is your General Answer based on the common principles of Law that I should follow to help my son gain back his child from CPS, which could be devistating to both of them since CPS violates the code of ethics and doesn't follow protecals of Law in any of the 670,000 case a year that they take innocent children away from their innocent parents who are not doing anything wrong. What your anwer to help me get the best advise.

Expert:  Alex J. Esq. replied 4 years ago.
Dear *****,

From you response, it is clear to me that you are insisting and expecting a legal advice / legal opinion about your situation which can only be provided by your local licensed attorney.

I will opt out of your question and wish you the best of luck!
Expert:  Amber E. replied 4 years ago.
When a child is born to parents who are abusing drugs, especially as dangerous and highly addictive a drug as meth, it is standard procedure to remove the child until a hearing can be held to determine what assistance the child needs.
The court's sole concern is the "best interests" of the child, not the will or even the welfare of the parents. The goal IS initially reunification between parent and child. However, that will not always be immediate and the burden will be on the parents to PROVE that they are fit and do not pose a harm to the child.
CPS and/or the court may recommend a homestudy, meaning that someone will come to the home to check it out. They may also recommend "family services," which is actually a variety of help for parents whose children have been taken into state care. Usually, when drugs are involved, this includes substance abuse counseling (along with random drug testing to ENSURE that they are no longer using). There may be psychological and family counseling, parenting classes, job training, and help with education advancement also.
Parents usually either take full advantage of these services and work their plan so that they can get in a position to truly provide for their child without returning to a life of drugs, or they don't - and if they don't, then they risk losing their child permanently.
During this process, the court may allow the child to be placed in the care of the next of kin (such as a grandparent), whose responsibility will be to supervise visits until the parents are deemed fit to regain custody.

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