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state of Texas vs. Vermont CPS

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cazzoo

Junior Member
I live in TX and my son and I tested + for cocaine at birth. CPS took him away and his father and I both tested + on hair follicles. I have a great employer who sent me to rehab x2 and has put me into AA, counseling, therapy, and a psychiatrist. Dad went to jai for 6 months failing ua for probation. I have turned my life around and done more than asked from CPS. My son went to live with paternal grandma in VT. Part of CPS requirement is to have valid employment, Dad just quit his job Monday, moved back to VT with his mom, so he could be with our son. My job is moving to Chicago in several months. Dad wants me to quit my job and move to VT. Today CPS called to tell me They want to return my son, but grandma and dad say no it is not in the best interest because he has family, and unfortunately my family was dysfunctional and I severed all ties. I am still his mother and I have fully completed my requirements more so than dad. Do I get any rights in this? Grandma has funds to spare for lots of legal advice. I can support me and my son, Dad cannot. What a messWhat is the name of your state (only U.S. law)?
 
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Antigone*

Senior Member
I live in TX and my son and I tested + for cocaine at birth. CPS took him away and his father and I both tested + on hair follicles. I have a great employer who sent me to rehab x2 and has put me into AA, counseling, therapy, and a psychiatrist. Dad went to jai for 6 months failing ua for probation. I have turned my life around and done more than asked from CPS. My son went to live with paternal grandma in VT. Part of CPS requirement is to have valid employment, Dad just quit his job Monday, moved back to VT with his mom, so he could be with our son. My job is moving to Chicago in several months. Dad wants me to quit my job and move to VT. Today CPS called to tell me They want to return my son, but grandma and dad say no it is not in the best interest because he has family, and unfortunately my family was dysfunctional and I severed all ties. I am still his mother and I have fully completed my requirements more so than dad. Do I get any rights in this? Grandma has funds to spare for lots of legal advice. I can support me and my son, Dad cannot. What a messWhat is the name of your state (only U.S. law)?

Your child is in Vermont but you are not?
 

Ohiogal

Queen Bee
How did they PLACE the child with family in VT? Did they complete an interstate compact? Did they give GRANDMA custody? Or just placement?
 

mistoffolees

Senior Member
I live in TX and my son and I tested + for cocaine at birth. CPS took him away and his father and I both tested + on hair follicles. I have a great employer who sent me to rehab x2 and has put me into AA, counseling, therapy, and a psychiatrist. Dad went to jai for 6 months failing ua for probation. I have turned my life around and done more than asked from CPS. My son went to live with paternal grandma in VT. Part of CPS requirement is to have valid employment, Dad just quit his job Monday, moved back to VT with his mom, so he could be with our son. My job is moving to Chicago in several months. Dad wants me to quit my job and move to VT. Today CPS called to tell me They want to return my son, but grandma and dad say no it is not in the best interest because he has family, and unfortunately my family was dysfunctional and I severed all ties. I am still his mother and I have fully completed my requirements more so than dad. Do I get any rights in this? Grandma has funds to spare for lots of legal advice. I can support me and my son, Dad cannot. What a messWhat is the name of your state (only U.S. law)?
If CPS wants to return your son and there was only placement in VT (not custody), then they should be able to do so.

I would start by asking CPS what you have to do to make it happen.
 

cazzoo

Junior Member
Case worker told me he wants my son home with me, I have done the work and I am stable. case worker is going to his superiors to tell them what he reccommends, but said it may eventually be up to a judge. then it becomes what is best for the child. I have only seen him 3 times in his life.
 

Ohiogal

Queen Bee
Case worker told me he wants my son home with me, I have done the work and I am stable. case worker is going to his superiors to tell them what he reccommends, but said it may eventually be up to a judge. then it becomes what is best for the child. I have only seen him 3 times in his life.
And your son is HOW OLD?
 

Ohiogal

Queen Bee
Lets try the rest of the questions:
How old is your son?
How long have you been working a case plan?
Was an interstate compact completed?


And a few more:
Do you have legal counsel?
If not, why not?
Why have you only seen your child 3 times in his life?
 

cazzoo

Junior Member
How old is your son? 15 1/2 months old
How long have you been working a case plan? since day one
Was an interstate compact completed? yes VT state CPS is also involved if that's what your asking


And a few more:
Do you have legal counsel? I have a public defender
If not, why not?
Why have you only seen your child 3 times in his life?
I did not have contact at first through the court. By the time I was cleared to have contact, he was moved to VT because grandma was willing to foster. I have been able to get up to VT several times, but it is not easy. I didn't have any time off work to go more than a weekend. But I made it up there.
 
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Ohiogal

Queen Bee
How old is your son? 15 1/2 months old
How long have you been working a case plan? since day one
Was an interstate compact completed? yes VT state CPS is also involved if that's what your asking


And a few more:
Do you have legal counsel? I have a public defender
If not, why not?
Why have you only seen your child 3 times in his life?
I did not have contact at first through the court. By the time I was cleared to have contact, he was moved to VT because grandma was willing to foster. I have been able to get up to VT several times, but it is not easy. I didn't have any time off work to go more than a weekend. But I made it up there.
Here is the biggest problem: due to your drug use, you are easily found unsuitable. Since custody is based on best interests of the child, why is it in the child's best interest to be removed from Grandma who has been raising him for most of his life to be returned to you? You may find that the consequences of your drug use are that you are the non custodial parent until something changes in your child's life or Grandma's life.

For the rest of your questions -- seriously, you have legal counsel. Talk to him/her regarding your chances of getting custody returned. An interstate compact is more than just VT CPS being involved. Discuss it with your attorney.
 

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