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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34285
Experience:  16 yrs. of experience including family law.
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I am in a relationship with a woman who has had previous

Customer Question

I am in a relationship with a woman who has had previous cases with cps where they took her children.she has just given birth to my son the early months of her pregnancy she tested positive for drugs one time. Since then she has been tested weekly and came back negative and even voluntarily went to rehab. Now we are at the hospital and cps showed. I am the father of this child. I am financially stable on my own home and business.never used drugs or been in trouble with the law.can cps take this child from us.
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

CPS CAN take the child from you IF they have evidence to suggest that the child is in danger.

Now...they can only take the child for a limited time...once they take the child, they have to either file a request (via their lawyer) to the probate court asking the probate court to remove custody or they have to reach an agreement with the parents (sometimes called a parenting plan)

So, if they take the child, and want to keep the child, and you do not work out an agreement with them for return of the child, they (CPS) will have to convince the court that you are a danger to the child before the court will remove parental rights

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.