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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117373
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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A friend of mine and s girlfriend have a one year old son

Customer Question

a friend of mine and his girlfriend have a one year old son and she just had a second child a week ago when she went in labor she tested dirty for drugs at the hospital. cps has placed both children in foster care they have their first court date tomarrow the father is wondering if he signs his parental rights to his mother will the one year old be placed with her
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Signing his paternal rights away would not guarantee that his mother would get the child. Filing for a legal separation and seeking temporary custody of the children would help him keep the children if he moves out of the house and agrees to be tested and he tests clean. If not he and the mother can file a petition for guardianship in the court to give his mother guardianship, which means he needs a local attorney, and then the court would have to notify CPS since they are already involved and they would need to do a home inspection.
The issue is once CPS is involved there is no guarantee that they will agree to the guardianship going to the mother, so that is not a guarantee. He needs to have his mother show up in court and ask the court for a family placement and to ask to be granted guardianship, he should not give up his parental rights.
These are the options he has available to him in this matter to try to keep the children with family.