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CPS-Parental establishment-Sole legal Custody-AZ

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#1 Bnesp7


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Posted 19 October 2013 - 10:26 AM

I will try to make this as short as possible, while including as much information as I can. I apologize in advance for any grammar mistakes or typos; I am in a hurry to get this submitted for an answer.


I have a two year old son that has always been in my custody but CPS is involved. I have done everything and more CPS has asked of me, but the father has not. Because of this, in order to close the case, CPS is requiring me to file and gain sole legal custody because they don’t trust that he will try to take my son and not give him back. - My question is; can CPS make me take the fathers custody from him? Can CPS take my son from me if I refuse to file for sole legal custody? (They are eager to close my case)


The father and I were never married, but were living together during my pregnancy and had a relationship of 4 years prior to the birth of our son. He signed the birth certificate and he is the father. I have to establish paternity within the court. - Isn’t him on the birth cert. already enough to prove if he is the father?


Also if I must file for this, I can not afford an attorney for I am unemployed and don’t receive any income other than food stamps. - Where can I find FREE legal help to look over my packets to make sure I have filled them out correctly?


That’s all that I can think of right now, I sure thought I had more to ask, I will submit another question if anything comes to mind. Thank you.


(I reside in Tucson, AZ)

#2 Ted_from_Texas


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Posted 19 October 2013 - 12:53 PM

CPS can't "make" you do anything by themselves.  However, they can make recommendations to the court and their recommendations carry great weight.  If CPS feels it is in the child's best interest for you to have sole legal custody, the court will almost certainly back them up.  And yes, failure to comply with a court order could cost you custody of your child.


Your message begs the question why CPS got involved in the first place, or why the child's father is unable (or unwilling) to comply with the program CPS has apparently established as a prerequisite to custody.


By the way, his name on the birth certificate is not by itself sufficient to establish his paternity.  Anyone can claim to be the father of a child born out of wedlock, and if you spend much time reading these message boards you'll see that many do, for a variety of reasons.  Trust that the court's procedure for establishing paternity is in the interest of both you and your child.

#3 Guest_FindLaw_Amir_*

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Posted 21 October 2013 - 09:05 AM

In almost all situations, a court will keep one primary question in mind when deciding a custody case, namely, what is in the best interests of the child. To learn more about this subject matter, you may be interested in visiting the Family Law Center and reading Child Custody as a good resource. If you need further clarification on your specific situation, you may consider signing up for a LegalStreet plan. With the plan, you have unlimited access to a local lawyer to ask your questions and the plan also offers discounted legal representation should you need it.

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