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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33928
Experience:  Began practicing Family Law in 1992
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I live in Corning, CA. My mentally handicapped Niece lives

Customer Question

I live in Corning, CA. My mentally handicapped Niece lives in Barron County Wisconsin. She just had a baby on the 24th of July. CPS took the baby away from her and put it in Foster Care. I am wondering if there is anyway I can have the child in my custody?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I am in California, she is in Wisconsin
JA: Have you talked to a lawyer yet?
Customer: No, I am just starting the process and don't really know where to start.
JA: Anything else you want the lawyer to know before I connect you?
Customer: She has a court date for Aug 11th to see how the progress is going. she is aloud to have visitation today for 4 hours and is suppose to start training classes tomorrow. my Niece will never get her back, she is to severely retarted.
Submitted: 2 months ago.
Category: Family Law
Expert:  JD 1992 replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 2 months ago.

You are going to have to have a lawyer in Wisconsin to assist you.

While family members are supposed to get priority when it comes to assigning a child to a foster home, normally CPS will rarely look outside of the state and, as a matter of fact, often prefer to use foster homes that are "in the system". However, judges often prefer to place the children with families but would be reluctant to do so with a family member as far away as you are unless they have a local attorney assisting them. The attorney will begin the process by intervening in the case which is the process used to make you a party. After that, they will get a copy of all the records pertaining to the child and the mother and, at that point, will begin developing their trial tactic. At some point you will have to have a home visit from your local CPS office to inspect your home and make sure it is suitable and your attorney may advise you to go ahead with the background check so the court has it available early.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star 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 all of your questions are answered.