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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39145
Experience:  Retired (mostly)
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I'm a teacher, 66 and have no bad marks as a parent, a teacher or a citizen. My sing

Customer Question

I'm a teacher, 66 and have no bad marks as a parent, a teacher or a citizen. My single daughter just gave birth to her firstborn. She is living with me. The baby (born one month premature) was drug tested and found to have cocaine in her system. The social worker at the hospital visited today and said that CPS would be coming to interview my daughter at the hospital either this evening or tomorrow. If they remove the baby from her, I want to take custody. Is there anything I can do . My daughter is willing to sign custody over to me or whatever is necessary to avoid CPS from taking control of the baby. What are our options? The baby is only showing slight agitation, according to the hospital. She was born yesterday.
Submitted: 2 years ago.
Category: Family Law
Expert:  socrateaser replied 2 years ago.
Hello, Assuming that CPS takes custody of the child, then a court hearing will be set within approximately 72 hours to determine whether or not to provide continuing foster care and "reunification" services between mother and child. You can appear in court and ask to be awarded temporary custody. You will have to show that you are not a risk to the child. Courts are skeptical of grandparents, because there is the real possibility that the child's mother has learned her substance abuse from the grandmother. I'm not accusing you of being a bad actor -- I'm explaining what the judge may consider. Consequently, you need a lot of positive evidence (character witnesses, criminal background check, etc.), to show the court that you are a good substitute custodian for the child. Also, a little "schmoozing" with the CPS caseworker is also helpful. Because, the judge will frequently "rubber stamp" the caseworker's recommendations. Having a positive relationship with the caseworker is extremely useful. Also, regrettably, hiring an attorney to represent you at the hearing is also extremely helpful. A professional presentation of evidence supporting you as custodian will be a great assistance. I realize, of course, that you won't want to spend money on a juvenile law attorney. But, I'm recommending it, if you really want to improve your chance of getting a custody award. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf. Thanks again for using!