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My niece amd nephew were taken by from my brother and his…

Customer Question
My niece amd nephew...

My niece amd nephew were taken by from my brother and his girlfriend on march 20th. I told cps i want to be investigated to get the out of fostercare into my home. They are really dragging their feet. They said that the new court date is april 13th. I want my niece and nephew out of foster care and with me. I dont know my rights but i have the space and i have no criminal background

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No i just called cps and told them i want the kids placed with me.

Lawyer's Assistant: Family law varies by state. What state are you in?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My brother is incarcerated and his girl has been on drugs homeless and neglecting the kids

Submitted: 3 months ago.Category: Family Law
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Customer reply replied 3 months ago
Cps over the phone just kept saying thats great, but have not told me anything other then the court date. They did take some info down.
Answered in 20 minutes by:
4/1/2018
Family Lawyer: Law Educator, Esq., Lawyer replied 3 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,823
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

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, there is no guarantee with CPS. Their social workers are the most negligent and incompetent individuals you will ever deal with and they do not have any law forcing them to do a family placement. So there is no legal leverage you can use to force them to do a home study and place the children with you short of filing a petition for custody in court and getting your brother and his girlfriend to testify in court that they agree to the custody going to you.

This means you would need to get a local attorney to represent you and file a petition for custody in the court. CPS is not a cooperative agency without court orders, they simply do not have any real motivation to do the family placement, so you have no other way to make them do anything.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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