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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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My husband and I are caring for out 3 grandchildren, because

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My husband and I are caring for out 3 grandchildren, because CPS removed them from their parents because they failed a drug test. CPS wanted them to go through drug counseling and they are due in court on the 8th of Nov. Now they want to sign custody of the kids over to us so they can turn around and take them back. Some attorney from legal aid told them this is all legal. They just don't want to go to drug counseling. Would that be legal or could CPS take the children from everyone? GJ

GJ,

 

 

Thank you for your question. I am unclear as to what attorney may have advised them of this option. While it is true that they can sign custody over to you, YOU do not (and typically cannot) transfer custody over to them because by signing the documents, you become responsible for the care of the children. If you give the kids back to them, you personally can be pursued by CPS for neglect by exposing children to a potentially unhealthy or dangerous environment. CPS is not bound by court decrees in that instance as far as immediate safety of the children is concerned, if they get a call that kids are with someone unfit, dangerous, or they are in a dangerous environment, they can absolutely take the kids. Furthermore, if they do not want to pursue drug testing, while it is not proof of anything, it is potentially indicative of a legitimate problem.

 

Hope that helps.

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