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Attempting a icpc in cps custody. social worker found a 22…

attempting a icpc for grandkids...
attempting a icpc for grandkids in cps custody. social worker found a 22 year old criminal attempt charge (for basically being in wrong place with wrong people at age of 19. he paid his 150$ fine.
will this disqualify us?
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Answered in 4 hours by:
8/1/2015
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,246
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In most cases a criminal attempt charge is NOT a disqualifying reason, especially a 22 year old one. The problem with CPS is the social workers are generally grossly negligent and incompetent and have their own personal agenda, regardless of what is best for the child and they could care less what the laws and their rules state. The reasonable social worker will disregard a 22 year old attempt charge with no further records of any other misconduct, as it is not an automatic disqualifying charge. However, if your social worker is one with their personal bias and agenda, they will make up excuses and try to use this as a basis and in that case you would have to be prepared to go to court to fight them and prove that this was a minor youthful offense and that the social worker is being ridiculous in trying to exclude you for this reason.
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,246
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Customer reply replied 2 years ago
we are going to trial anyway as the paternal grandmother of the littlest one is now seeking custody as well. ( no blood ties to the oldest one) It seems that location trumps us for custody in the eyes of alabama family court system. meanwhile we will continue our 10 month struggle for our reg 7 icpc. /shrug CPS does what it wants. They are just going through the motions with us.
thanks for your input though.
Customer reply replied 2 years ago
I do wonder if granddaughters up til now absent father stands a shot at custody of oldest grand daughter though, thoughts?
Thank you for your reply.
Sadly, and I really have a lower opinion of CPS than most people, your story is one I hear often. Location should not trump what is in the best interests of the child. This is the problem with CPS, they do not care about the best interests of the child, it is about the social worker's personal bias. You need an attorney and you can beat them and they have parents and grandparents now successfully suing these social workers and getting judgments large enough to take their homes from them and make them homeless like they deserve to be.
The father has a pretty long shot, even though he is a biological parent, if he has never been in the picture, but unfortunately, thanks to the Supreme Court, he actually has a stronger right than a grandparent because of Troxel v. Granville stating he has a basic civil right to the child.
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Customer reply replied 2 years ago
where does one find an attorney willing to take cps caseworker on in civil litigation?
Thank you for your reply.
You can look for family law attorneys in your area at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
You can also get help from organizations such as http://fightcps.com/
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Customer reply replied 2 years ago
what are the reasons they can deny my icpc?
Once icpc is approved can the judge dismiss it?
Thank you for your reply.
There are tons of reasons for denying an ICPC, such as not having a proper home, having a criminal history, sex offenses, not having a good neighborhood, not being physically or mentally capable of caring for the child, being too old to care for the child through the age of majority and a host of other reasons.
Once the ICPC is approved, a judge can always change it if they find it is in the best interests of the child to do so.
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Customer reply replied 2 years ago
the home study we paid for was glowing, if the SW for cps isn't, you think the judge would consider the discrepancy?
The SW dismissed it entirely
Thank you for your reply.
As I said, these social workers are grossly negligent and incompetent and have their own personal agendas, they are not concerned with what is right or best for the child. So it is not surprising that the social worker would do this. The judge can overturn the social worker and they do so frequently because these social workers often overstep their bounds and then even try to lie about it to cover it up. You just need to present your clear and convincing evidence to court to prove you are fit and the other parent is not fit.
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