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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28038
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I have had relative care giver custody of my grandson now

Customer Question

I have had relative care giver custody of my grandson now for over 1.5 years. My daughter who does not live with me got into some trouble last year and ended up with probation (pbj) for one year. However, her daughter is in foster care with another family and has been for this six month period. The people who have her now want custody of my grandson so it seems that every time I turn around I am paying for my daughter to have blood work done for probation which costs a fortune. If she does not pay or have it done, then she violates her probation and goes to jail. At the same time, her lawyer is telling her that they can come to my house at any hour night or day and remove my grandson for no reason. I am a good grandmother who takes very good care of him. Can CPS legally remove my grandson without cause and should I go get emergency custody of him. If so, do I need an attorney or should I have an attorney to do so
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

I certainly understand the situation and your concern. CPS would need to have a legal basis to remove the child from the home and it would be a result of their concern regarding the health and safety of the child. Anything with the mother and her probation has nothing to do with you and your grandson, so I am not necessarily sure why her attorney is telling you that child services can just take and remove the child, if you have custody. The State would rather a child be kept with family members then be placed in foster care, so as long as the child is safe and you are able to care for him, he should remain. However, it is always a good idea to have this court ordered, which would afford you more protection and require that they proceed through the court, if they want to get it changed or modified. If you do this, you want to retain your own attorney and not use hers, unless they handle family law matters, in addition to criminal

Expert:  FamilyAnswer replied 1 year ago.

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Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!