how long to file a motion to intervene

[Northapt]

What is the name of your state (only U.S. law)? WA

My daughter is heading to drug addiction treatment again for the 4th time and CPS has my 3 yr old granddaughter.
Granted..this is an emotinal time for familes-when CPS is involved. I just hired a lawyer on the 30th of June to prepare a motion to intevene in the case of the dependency of my grandchild. With my daughters history, I'm worried CPS will move for adoption as soon as they can. They don't seem to like me but no one can understand why. My lawyer said I call her too often and to back off and let her prepare the motion. I agreed to wait two more weeks before checking back. Is a month enough time to prepare a memoradium and motion for the court? or am I too antsy? This lawyer seems very good and knows CPS matters well.

I mean, I want to be fair but everyday that goes by, is another day this baby is with strangers in foster care.

[Proserpina]

Originally Posted by Northapt

What is the name of your state (only U.S. law)? WA

My daughter is heading to drug addiction treatment again for the 4th time and CPS has my 3 yr old granddaughter.
Granted..this is an emotinal time for familes-when CPS is involved. I just hired a lawyer on the 30th of June to prepare a motion to intevene in the case of the dependency of my grandchild. With my daughters history, I'm worried CPS will move for adoption as soon as they can. They don't seem to like me but no one can understand why. My lawyer said I call her too often and to back off and let her prepare the motion. I agreed to wait two more weeks before checking back. Is a month enough time to prepare a memoradium and motion for the court? or am I too antsy? This lawyer seems very good and knows CPS matters well.

I mean, I want to be fair but everyday that goes by, is another day this baby is with strangers in foster care.

Where is Dad?

[Northapt]

Originally Posted by Dogmatique

Where is Dad?

Presumed father failed DNA test. No presumed father.

[Proserpina]

Originally Posted by Northapt

Presumed father failed DNA test. No presumed father.

Standby for folk with more knowledge and experience, k?

This might complicate things a little - I think that before an adoption or placement can happen, a John Doe notification must be served (by publication) to give any potential father the right to contest the proceedings. But as I'm not 100% sure, I'd rather someone else come along to confirm or correct that.

[Northapt]

Thanks for the feedback so far. CPS has already done that. Published notification. Again..back to my question:Is a month enough time to prepare a memoradium and motion for the court? or am I too antsy?

Thank

[Ohiogal]

Originally Posted by Northapt

Thanks for the feedback so far. CPS has already done that. Published notification. Again..back to my question:Is a month enough time to prepare a memoradium and motion for the court? or am I too antsy?

Thank

You are too antsy. It has not even been a month yet. Motions are normally due and must be filed at least 7 days before the hearing at which they are to be heard. However depending on your situation it may take more time for the motion to be prepared. Some motions are relatively simple while others are very very specific. It also depends on the attorney's caseload and how many court days they have any given month. When I don't have court I can accomplish a lot more than on days when I have four hearings. Have some patience.

Depending on the details CPS may not be able to move for adoption. Have YOU contacted CPS about placement of your granddaughter and talked to the caseworker directly? Or have you just decided to go to court first?

[Ohiogal]

Originally Posted by Dogmatique

Standby for folk with more knowledge and experience, k?

This might complicate things a little - I think that before an adoption or placement can happen, a John Doe notification must be served (by publication) to give any potential father the right to contest the proceedings. But as I'm not 100% sure, I'd rather someone else come along to confirm or correct that.

Placement can happen at ANY TIME CPS has the child in their custody if CPS chooses UNLESS the court has restricted that. CPS normally has the right of placement when they are granted custody. Before an adoption takes place MANY MANY THINGS must happen other than just obtaining proper service on the parents.

[Northapt]

yes. I had an ongoing conversation with CPS. The 1st case worker planned to give the child to me but when case workers were switched, this new one said the baby had been in fostercare for more then 10 days and "they have to be careful not to move children too often." This seems to be a reaction to some litigation here in Washington a couple years ago where children were moved within the system 9 and 10 times and it cost CPS millions. I am a licensed drug and alcohol counselor and when I questioned their decision to send the baby to treatment to join my daughter after only 30-days clean time (meth) it seemed to annoy them.

I asked to appeal to a supervisor who told me “Go ahead and hire a lawyer or give your money to charity for all the good it will do you.” Obviously, I did not give my money to charity.

Your take on the work load and court days is helpful. Thank you. I just feel for this baby. I know she is wondering were I am. We are very close.

[Proserpina]

Originally Posted by Ohiogal

Placement can happen at ANY TIME CPS has the child in their custody if CPS chooses UNLESS the court has restricted that. CPS normally has the right of placement when they are granted custody. Before an adoption takes place MANY MANY THINGS must happen other than just obtaining proper service on the parents.

Thank you for clarifying this OG - I (obviously) wasn't sure and really didn't want to misguide or mislead!

[plmastro]

I don't know your state laws, but over here in NH and Massachusetts, the CPS would much rather see the children with family and would readily give the child to family. Make sure your Attorney is seeking Permanent guardianship for you,, that should secure the baby's future for a while until mom wants her back.

I'm in the same boat here and CPS GLADLY let us have our grand baby,, thank God! We now have permanent guardianship and working towards adoption!!

Good luck,, let me know how it works out for you.

Miss P.

[TheGeekess]

Originally Posted by plmastro

I don't know your state laws, but over here in NH and Massachusetts, .....
Miss P.

If you don't know relevant law from the OP's state, then please don't muddy the waters and add to the confusion by posting what happens in your state.