Being involved with CPS

[narja]

What is the name of your state? Idaho


This pertains to a mother who lives in Colorado and has full custody of 4 children through a default divorce petitioned by the father who lives in Idaho. The mother gets involved with CO CPS through abuse/neglect and has the whole family including the divorced father in the case. The mother allows one child the older child to live with the father due to her being out of control (mother still retains full custody). The father would like to petition the court and file for joint custody of all children with physical custody of the older child who is living with him. He is being told he cannot petition until CPS has no case with them. In the default divorce he stipulated to a visitation arrangement when agreed, no set plan, he would like to petition along with custody a planned visitation schedule. Can this be done while CPS has the case with them? and why is he being a part of this CPS case when he gave sole legal custody to the mother?

Thank You.What is the name of your state?

 

[Ohiogal]

What is the name of your state? Idaho


This pertains to a mother who lives in Colorado and has full custody of 4 children through a default divorce petitioned by the father who lives in Idaho. The mother gets involved with CO CPS through abuse/neglect and has the whole family including the divorced father in the case. The mother allows one child the older child to live with the father due to her being out of control (mother still retains full custody). The father would like to petition the court and file for joint custody of all children with physical custody of the older child who is living with him. He is being told he cannot petition until CPS has no case with them. In the default divorce he stipulated to a visitation arrangement when agreed, no set plan, he would like to petition along with custody a planned visitation schedule. Can this be done while CPS has the case with them? and why is he being a part of this CPS case when he gave sole legal custody to the mother?

Thank You.What is the name of your state?

He has parental rights and hence is legally responsible for the children which is why CPS is pulling him into it. He can't get the kids from the mother while CPS has a case open and he would need to petition CPS/juvenile court there to let him gain custody of the children.

 

[casa]

What is the name of your state? Idaho


This pertains to a mother who lives in Colorado and has full custody of 4 children through a default divorce petitioned by the father who lives in Idaho. The mother gets involved with CO CPS through abuse/neglect and has the whole family including the divorced father in the case. The mother allows one child the older child to live with the father due to her being out of control (mother still retains full custody). The father would like to petition the court and file for joint custody of all children with physical custody of the older child who is living with him. He is being told he cannot petition until CPS has no case with them. In the default divorce he stipulated to a visitation arrangement when agreed, no set plan, he would like to petition along with custody a planned visitation schedule. Can this be done while CPS has the case with them? and why is he being a part of this CPS case when he gave sole legal custody to the mother?

Thank You.What is the name of your state?

Pending a CPS investigation, it's nearly as if CPS has custody of the children (temporarily). They may live at home, but they must remain in the same county/state until a determination is made re; the abuse/neglect charges. If Mom is cleared- that's one thing, if Mom is charged- that is another thing. You must first find out what the outcome is, then determine what the next step is.

The child already living with Dad is not the same situation~ Dad can file for custody of her at any time. Whether or not Mom will/can fight it, is anyone's guess~ pending a CPS investigation it will be in Dad's benefit....however, Mom having homecourt advantage (hearings in her home state) she may feel frightened of losing 'all' her children and actually fight it...costing Dad a lot of time and money. If child is living with Dad under Mom's approval...make sure it's given at least 6 months to establish 'status quo' for the courts to enable Dad to have more inexpensive/quicker success.