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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33436
Experience:  Began practicing Family Law in 1992
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Well, I lost a couple of kids to cps... I was smoking pot

Customer Question

well, I lost a couple of kids to cps... I was smoking pot and they were taken. I am working through the plan to get them back. However they have just been moved to a couple that I do not agree with when there was a family near that had them for several months. I was comfortable with them and the kids loved them. Now they are with a couple that I disagree with because of religious differences. I want the kids back in the other home... what are my rights here?
JA: Family law varies by state. What state are you in?
Customer: tx
JA: Have you talked to a laywer yet?
Customer: I have a court appointed attorney who is not willing to talk to me about much. He is not helping at all.
JA: Anything else you want the lawyer to know before I connect you?
Customer: not really
Submitted: 10 months ago.
Category: Family Law
Expert:  P. Simmons replied 10 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 10 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if you can demand the children go to a particular guardian/foster parent?

Customer: replied 10 months ago.
the reason I am uncomfortable is I had three boys they have been placed into a gay household. this makes me uncomfortable and the boys are very scared there
Customer: replied 10 months ago.
there was a family close to my mother that wanted them and they passed the house inspection and are already foster parents
Expert:  JD 1992 replied 10 months ago.

Hello and thank you for contacting us. Different expert here, this is Dwayne B. and I'm looking forward to assisting you today.

What is your specific question?

Customer: replied 10 months ago.
What are my rights? Due to my beliefs can i firce cps to move the boys where i will be comfortable and they will be better off
Expert:  JD 1992 replied 10 months ago.

It's very hard or us to answer a question like "what are my rights" and provide you with helpful information. I need you to be more specific in your question(s) if you could. When we answer general ones like "what do I do", "what are my rights", or "what are my options", we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

No, you aren't able to force CPS to move the boys and particularly not for that reason. You can certainly make the request if you would like but there is nothing in the law that supports the position that 1) a parent in your situation has the right to determine where children are placed and 2) a foster parent's sexual orientation is a reason to request that they be moved.

However, CPS is (or at least used to be) required to place the children with a relative if at all possible so if you have relatives that are qualified as foster parents or that you believe could get qualified quickly as foster parents then that would be an approach you could take.

Expert:  JD 1992 replied 10 months ago.

I am about to logoff for the evening but will be back online tomorrow morning.

If your question has been answered then I'd ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.