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Child Custody and CPS

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Loveforfamily

Active Member
I am seeking advice on how to handle a situation involving CPS and my son’s custody. I am wondering if it is worth pursuing legal action against CPS or if there are other steps I should take.

To provide some context: I am the father of a young son and have had nearly full custody of him for the past year. During this time, I was responsible for all daycare costs (approximately $500 per month) and food expenses. My mother-in-law assisted by caring for him every other weekend. My partner, unfortunately, was largely absent due to significant mental health and addiction issues.

She has been charged with child neglect and is currently on probation for nearly four years. The neglect charge stemmed from an incident where she was under the influence, slipped while getting off a bus, and my son sustained minor injuries. This incident led to a traumatic experience for both my son and me, as we had to spend the entire night at the hospital.

Throughout my ex-partner's struggles, I have managed to keep my record almost entirely clean, with the exception of a charge for disturbing the peace. This incident occurred when police officers entered my apartment after I complied with their initial requests. The situation escalated when an officer placed his foot in the door, leading to a confrontation that resulted in the charge. I believe my Fourth Amendment rights were violated during this interaction.

Recently, there was an incident at a children’s play area where I temporarily lost sight of my son. The police were called, and they suggested that I was unfit to care for him. I attribute this incident to a mental breakdown caused by the pressures of working full-time, providing full-time care for my son, and participating in a required outpatient program (which involved 3-hour meetings four days a week and weekly urine analyses).

Following this incident, CPS has imposed strict measures and removed my son from my care. While I understand their concerns, I find this response excessive, especially considering I have no drug charges and my record, aside from the aforementioned incident, is clean.

Additionally, there was an action plan that was supposed to be signed by both my partner and me during this recent situation. However, I never signed this plan because the caseworker was switched, and the details were unclear. In my opinion, CPS is also not fulfilling its legal obligations. If the document was not signed, it indicates that the caseworker did not properly follow through with their responsibilities.

Given these circumstances, I am asking for guidance on how I might regain custody of my son. Should I consider legal action, or are there other avenues I should explore?
 


Just Blue

Senior Member
I am seeking advice on how to handle a situation involving CPS and my son’s custody. I am wondering if it is worth pursuing legal action against CPS or if there are other steps I should take.

To provide some context: I am the father of a young son and have had nearly full custody of him for the past year. During this time, I was responsible for all daycare costs (approximately $500 per month) and food expenses. My mother-in-law assisted by caring for him every other weekend. My partner, unfortunately, was largely absent due to significant mental health and addiction issues.

She has been charged with child neglect and is currently on probation for nearly four years. The neglect charge stemmed from an incident where she was under the influence, slipped while getting off a bus, and my son sustained minor injuries. This incident led to a traumatic experience for both my son and me, as we had to spend the entire night at the hospital.

Throughout my ex-partner's struggles, I have managed to keep my record almost entirely clean, with the exception of a charge for disturbing the peace. This incident occurred when police officers entered my apartment after I complied with their initial requests. The situation escalated when an officer placed his foot in the door, leading to a confrontation that resulted in the charge. I believe my Fourth Amendment rights were violated during this interaction.

Recently, there was an incident at a children’s play area where I temporarily lost sight of my son. The police were called, and they suggested that I was unfit to care for him. I attribute this incident to a mental breakdown caused by the pressures of working full-time, providing full-time care for my son, and participating in a required outpatient program (which involved 3-hour meetings four days a week and weekly urine analyses).

Following this incident, CPS has imposed strict measures and removed my son from my care. While I understand their concerns, I find this response excessive, especially considering I have no drug charges and my record, aside from the aforementioned incident, is clean.

Additionally, there was an action plan that was supposed to be signed by both my partner and me during this recent situation. However, I never signed this plan because the caseworker was switched, and the details were unclear. In my opinion, CPS is also not fulfilling its legal obligations. If the document was not signed, it indicates that the caseworker did not properly follow through with their responsibilities.

Given these circumstances, I am asking for guidance on how I might regain custody of my son. Should I consider legal action, or are there other avenues I should explore?
What state is this in? That information is required to assist you.
 

Loveforfamily

Active Member
For how long did you lose sight of your son? Who called the police? Where/how was your son found?

I suggest that you find an attorney.
Not long, maybe 15-30 minutes. To put it into perspective we arrived at the indoor play facility, and I needed to sit down for a second as I felt faint. It was hot, and we took the bus.

He got impatient and went inside and started playing, as I found out later(we had been there before).

So I did somewhat panic, if ever you know the scenario of not knowing where your child is(only time this has ever happened with me). I assume maybe another parent or worker called.

I do remember another parent asking if I was okay, and I explained I was looking for my son. Understandably though maybe the parent thought I was just some guy being weird. I assume the police looked at the record and drew their own conclusion. However, if they were concerned with me being intoxicated, they did not do a breathier or test to asses so.

So in my opinion they do not have any evidence or such, really it is just an opinion.

My son really just played and had a good time. Ironically, he had a great time despite the police interaction, and even during that, he wasn’t scared or anything.
 
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Just Blue

Senior Member
Not long, maybe 15-30 minutes. To put it into perspective we arrived at the indoor play facility, and I needed to sit down for a second as I felt faint. It was hot, and we took the bus.

He got impatient and went inside and started playing, as I found out later(we had been there before).

So I did somewhat panic, if ever you know the scenario of not knowing where your child is(only time this has ever happened with me). I assume maybe another parent or worker called.

I do remember another parent asking if I was okay, and I explained I was looking for my son. Understandably though maybe the parent thought I was just some guy being weird. I assume the police looked at the record and drew their own conclusion. However, if they were concerned with me being intoxicated, they did not do a breathier or test to asses so.

So in my opinion they do not have any evidence or such, really it is just an opinion.

My son really just played and had a good time. Ironically, he had a great time despite the police interaction, and even during that, he wasn’t scared or anything.
How old was the child when this happened?
 

Just Blue

Senior Member
As described, I don't believe that CPS has done anything wrong. You may wish to speak to an attorney as you work through your reunification plan.
I agree. 15/30 minutes is a long time to take your eyes off a 4 year old child and OP is darn lucky that the child was not snatched or harmed while he was sitting outside the building on a bench.
 
Who has custody of your child now? Your original post refers to a partner with addiction problems and an ex-partner with struggles. Are these the same person? Are either of these your child's other parent?
 

not2cleverRed

Obvious Observer
I am seeking advice on how to handle a situation involving CPS and my son’s custody. I am wondering if it is worth pursuing legal action against CPS or if there are other steps I should take.
No. It would NOT be worth it to pursue legal action against CPS.

Given these circumstances, I am asking for guidance on how I might regain custody of my son. Should I consider legal action, or are there other avenues I should explore?
1) Comply with the requirements of your "required outpatient program".
2) Adjust your attitude towards the CPS caseworkers.
3) At least get an initial consult with a lawyer.

Why dealing with CPS, be polite and contrite. You messed up. Yeah, there are worse parents out there, but dwelling on that isn't productive. The only thing should matter is the welfare of your child, and you should do whatever you can to comply with whatever CPS wants*, and even try to do a bit more. Don't complain about how high the hoops are, just find a way to jump through them.



* Yes, sometimes CPS is unreasonable. Nothing in what you've stated indicates that this is one of those cases.
 

Loveforfamily

Active Member
As described, I don't believe that CPS has done anything wrong. You may wish to speak to an attorney as you work through your reunification plan.
Yes, I agree. It's not that they have necessarily done anything wrong; it's the fact that I am not able to see my son without following their regulations, which I understand. However, there has been very little actual communication from the workers.

On top of that, let's use almost everyone in this thread as an example. How would you manage a normal 9-5 job or work into the evening, handle daycare, and attend 3-hour meetings either from 9 AM to 12 PM or 6 PM to 9 PM?

It essentially seems like they are asking me to sacrifice financial obligations and time with my child for their system. I understand they are overworked, but when I have sent multiple emails and texts, it's frustrating. For example, this worker has been on "vacation" for the past 4 days, the week before for 3 days, and two weeks prior, another week.
 

Loveforfamily

Active Member
Why such extensive outpatient treatment and urinalysis?
In my opinion it is just a way to keep people in the system and pay more money. I have to pay for the UA, and the outpatient. Again my only charge ever in my life,ever, no dui,nothing only disturbing the peace. They draw their own conclusions.
 

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