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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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IF I Grant My Father guardianship of my children, and they

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IF I Grant My Father guardianship of my children, and they go to live with him. if I refuse to cooperate with CPS what can they do? if I refuse to do their hair follicle drug test how can they take my kids if they're not with me? right? we live in Arizona and my father lives in California. if there is no longer children living in the home will they drop the case? How long does it take before the case gets dropped? can they make any orders saying that I'm not allowed to see my children after the cases dropped, considering I did not cooperate and they have no evidence against us?

Thank you for your question. Please permit me to assist you with your concerns.

If you refuse to cooperate with CPS once guardianship is established, the agency may simply take away your remaining rights to see the children, make legal decisions, or even be involved in their lives. You would not lose your responsibility for paying child support, so in essence your father would become the foster guardian to whom you would be paying support but would not otherwise be able to make decisions for the children or might even be barred from seeing them at all. They can still make you take drug tests as that is based on your overall 'fitness' as a parent and whether or not the agency will ever permit you to regain custody of the children in the future. The fact the father lives out of state is irrelevant, CPS will not drop the case since the transfer of guardianship could be made permanent, and they can indeed modify the orders that you are to have no contact with the children based on the fact that you weren't found to be 'competent' or 'fit' to raise the children.

Good luck.

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