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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116834
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am the grandma of two grandchildren taken into cps custody

Customer Question

I am the grandma of two grandchildren taken into cps custody out of their county of residence. I had been taking care of them while there mother was giving birth to their baby sister. The parents came to take the children to meet their new sister and that is when they took the children. They had moved in with me a month ago when school started to give their oldest the opportunity to go to school full time in PreK and the mom( my daughter) was on bedrest and needed the extra help. When they(cps) took the children no papers have been served to my daughter as to why and I was denied according to all information the right to have the children placed with me due to my husbands past that is over 16 years old. what can I do to get my grandchildren to keep my granddaughter in school. Also, the newborn is set to be released from the hospital pending an inspection of my home today.. and their are two different case workers with this family of children.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Nebraska
JA: Have you talked to a laywer yet?
Customer: Trying to lget in touch with one now. please advise. Thanks
JA: Anything else you want the lawyer to know before I connect you?
Customer: not at this time
Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 months 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.
Unfortunately you will need to deal with going to court to fight for custody. If CPS is denying family custody in a situation when they have taken the children, then you have to file a petition in court for family placement. You need to prove in court that you AND your husband are safe and qualified to have the children and that you have had a sufficient relationship with them such that giving you custody is in the best interests of the child. You would need a local attorney to do this and file in court, since CPS is refusing they will have the right to present evidence to show why you should not have the children. I am afraid that only the court can order you to be given the children in this type of situation.
Customer: replied 10 months ago.
okay thanks But this was not very helpful!
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
Unfortunately, based on the limited information provided, we can only provide limited information back to you about your situation. If you had additional questions, please use REPLY and ask your specific questions. Remember, we do not know why the children were taken and we do not know specifically why CPS is denying the family placement other than you claim there was an issue 16 years ago with your husband. So we could only address your situation based on what you told us initially and what the process is. You are welcomed to ask follow up questions using reply and I am happy to answer your specific questions.

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