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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12207
Experience:  JD, MBA
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I have a hramchold that has been iny care since she was 3 days

Customer Question

I have a hramchold that has been iny care since she was 3 days old both parents are unfit and now biological mother has a child protective case against her and she now wants the child. She does not have a job. Nor the means to financially care for her the father left her iny care because he is working and wants her to resise her what do I do she is stable here and this has been her home almost all her life all of 3 weeks
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.
I would suggest that you contact child protective services, but it appears that CPS is already aware since a case is already open. Accordingly, I would contact CPS to see if they can grant you temporary custody of the baby pending the outcome of their investigation. If so, then you wouldn't have to worry about the mother trying to force you to get the child. You may also be able to help CPS in the investigation if you know of any facts that may help them reach a conclusion about the ability of the mother to care for the child.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 2 years ago.
I have as they have stated they both have rights as parents to her but I myself know either way she will not be stable nor safe because they act like she is a spring board between them already can I hire an attorney to try get temporary emergency cuatody
Customer: replied 2 years ago.
I am at a lost because her being in my care and know that they fight and argue over her like she each other property instead of a child scares me I don't want nothing bad to come from this but as a grandma and mother I know she will not be safe
Expert:  TJ, Esq. replied 2 years ago.
Hi again.
They're right that the parents clearly have rights. Unfortunately, it's not enough to show that they fight, etc. CPS would have to show that they are unfit parents, and that is a very high burden. For example, if you had evidence that they are both drug addicts, then they may indeed be considered unfit. That is just one example.
I'm sorry to say that hiring an attorney will not likely do much good. You do not have standing to argue that the parents are unfit. That is for CPS to determine, and then for them to bring to a court to have the parents' rights removed. Something like that would only happen in extreme situations, however. If you know of extreme circumstances, then please share it with CPS.