tinamwelsh

When cps gets involved

4 posts in this topic

A year ago I  got off of parole and My son lives here at home and shares custody of his 2 yr old who stays here when he has her no orders are in place it's 50/50..there was an incident where cps got involved about 2 months ago and everything was dropped..there was another incident about 1 mo ago cps came back said he didn't see any reason to investigate any further and that was it..what are my rights being a felon as a grandparent  w cps bc the cps worker has already made me take a drug test which I passed but said bc I am a felon things are done differently..could someone explain 

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Not sure what "rights" you're talking about.  There are no intrinsic rights accruing to any grandparents simply by virtue of their relationship to the child.  If you're talking about privacy or due process rights, such as whether you can be compelled to take a drug test, all I can say is that CPS has broad authority delegated by the state to act in the interests of the child, which includes thorough investigation of the child's environment, which in turn includes members of the child's household and others who have frequent contact with the child.  You may of course refuse to submit to testing, to answer questions or even to allow caseworkers into your home, but bear in mind that such uncooperative behavior can be construed as harmful to the child and could lead to removal of the child from your home and placed in foster care.  With CPS, it's always better to cooperate if you have nothing to hide.

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It isn't even clear if your son has any rights to this child as it sounds like he was not married to the mother. If paternity and custody/support/visitation were never established in a court order, you son only sees the child if the mother wants him to, and he has no legal rights as far as she is concerned. As such, you have even less. Though if it does go to court, and he is seeking custody/visitation, his living with you could very well be detrimental. It depends on the nature of your offense, but 2 CPS cases and living with a felon are not going to work in his favor.

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In any future posts, please make an effort to use something that resembles proper capitalization and punctuation.  Doing so will make it easier for others to read and understand what you write.

 

 

12 hours ago, tinamwelsh said:

My son lives here at home and shares custody of his 2 yr old who stays here when he has her no orders are in place

 

I assume this mishmash of words means that there are no existing court orders relating to custody and visitation and that the "share[ing] [of] custody" is purely the result of an informal agreement between your son and the child's mother.  Correct?

 

 

12 hours ago, tinamwelsh said:

what are my rights being a felon as a grandparent

 

Rights with respect to what?  Grandparents have no inherent rights regarding their grandchildren.

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