Question About CPS Authority

[Madison31]

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

I have a question...

If Child Protective Services has recommended that the child (age6) not be sent with the NCP at this time, should one withhold the child?

There has been a motion filed to stop visitation until NCP attends therapy with child, takes a parenting class, and takes educational courses regarding parents of children with special needs. The NCP's attorney has filed an extension, so we have not been to court yet.

NCP has visitation every other weekend, but is not consistent.

Now that his parenting is being questioned by someone rather than me (son's psychologist), he wants to start exercising his parenting rights.

I have encouraged NCP to spend additional time with our son, rather than just the court appointed visitation. But he has not. However, I have not pushed the issue since my concerns have grown. But I haven't denied him either.

I don't want to look like the bad person if I do what CPS has told me, and keep our child from him. But then again, I don't want to put our son's safety in jeopardy.

 

[Isis1]

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

I have a question...

If Child Protective Services has recommended that the child (age6) not be sent with the NCP at this time, should one withhold the child?

There has been a motion filed to stop visitation until NCP attends therapy with child, takes a parenting class, and takes educational courses regarding parents of children with special needs. The NCP's attorney has filed an extension, so we have not been to court yet.

NCP has visitation every other weekend, but is not consistent.

Now that his parenting is being questioned by someone rather than me (son's psychologist), he wants to start exercising his parenting rights.

I have encouraged NCP to spend additional time with our son, rather than just the court appointed visitation. But he has not. However, I have not pushed the issue since my concerns have grown. But I haven't denied him either.

I don't want to look like the bad person if I do what CPS has told me, and keep our child from him. But then again, I don't want to put our son's safety in jeopardy.

why does CPS state visitation should not occur? do you have a copy of the report? is the social worker willing to testify why she/he feels that way?

if in fact it is in the children's best interest, you should take a copy of the report to court and request that all visitation be suspended until further investigation based on the report.

 

[CourtClerk]

Why wasn't the motion filed ex parte?

 

[ErinGoBragh]

Unless there are some extreme circumstances involved, you should not withhold visitation until the court okays it, if in fact the court does.

 

[LdiJ]

Ok, here is the situation in a nutshell, its complicated and its serious.

If she does not obey the current orders, she can be held in contempt of court by the judge.
In an absolute worst case scenario, that could mean the judge switching custody to dad.

If she does not obey CPS, she risks CPS charging her with failure to protect the child, and she risks CPS yanking the child and placing the child in a foster home. (because obviously CPS won't give the child to dad).

Which is the bigger risk?

 

[Isis1]

myself, in that case, i'd risk the contempt, file an ex-parte (as suggested by CC) to suspend visitation until further investigation.

but then it would be dependant on WHY CPS said to withhold visitation. and OP has informed as of yet.

 

[Madison31]

One issue is medical neglect. Our son is on psychotropic medications. His father has failed to give him these meds during his visitation, resulting in our son having to go to the ER because of a seizure. A result of stopping this med abruptly can result in seizures, and must not be stopped without supervision from the prescribing doctor.

The CPS worker went to his school and he told her several things. One thing is the drinking and physical violence, resulting in police being called and one of the parties being arrested.

My lawyer has already told me that she does not believe this judge will grant the ex parte under these circumstances.

I do not have the CPS report at this time. The CPS worker told me to withhold our son when I spoke with her on the phone last week. She called again today and wants me to come into her office in the AM.

 

[Isis1]

One issue is medical neglect. Our son is on psychotropic medications. His father has failed to give him these meds during his visitation, resulting in our son having to go to the ER because of a seizure. A result of stopping this med abruptly can result in seizures, and must not be stopped without supervision from the prescribing doctor.

The CPS worker went to his school and he told her several things. One thing is the drinking and physical violence, resulting in police being called and one of the parties being arrested.

My lawyer has already told me that she does not believe this judge will grant the ex parte under these circumstances.

I do not have the CPS report at this time. The CPS worker told me to withhold our son when I spoke with her on the phone last week. She called again today and wants me to come into her office in the AM.

go talk to the social worker tomorrow. your attorney would know the climate of the court. what has your attorney suggested you do? with hold visitation since she doesn't want to get a court order to do so? or allow visitation despite CPS being involved and they said not to? let the social worker know, maybe she can direct you to some additioanl information.

 

[MichaCA]

When is the next visitation period? I don't understand why the courts said not an emergency. I don't know if this is life or death, or how serious the medical condition are (my disclaimer to giving advice)...the ER involved...presuming dd took...this is nuts.

Talk to social worker tomorrow as planned. Ask her if she knows the legal ramifications of not allowing child to visitation, and facing a ugly situation in court with the court order. She may be seasoned enough to give good advice.

I am posting this simply as a aside, not understanding the seriousness of your childs conditions and what the lack of medication does.

I have a six year old friend with a diff medical condition...since birth he has had heart issues, and lung issues. With medication and other special treatments he's been a typical young boy for 6 years.

He passed yesterday...not due to neglect...but one thing pushed his heart over the edge. I think chidren with special physical needs should be represented in court in a different way. Although this friends mom and dad got divorced over a year ago, they each had special time with all their kids weekly.There was never a question of did dad give child the right pills, change the icepacks, change his tanki, keep him out of water. If there had been, my gf (mom) would never have completed and become successful in real estate, and now be goimg to school to earn her law degree. (law, I'm going off...the court doesn't care about any of this)

I say, with NO LEGAL EXPERTISE (MY CAPS OFF, SORRY)...IF YOUR CHILD HAS A SERIOUS MEDICAL CONDITION AND DAD IS SHOWN TO NEGLECT THE CHILDS NEEDS, i WOULD DO EVERYTHING IN MY POWER TO GET VISITS SUPERVISED...GET A LOAN FOR THE BEST ATTORNEY...WHATEVER.Sorry to come off melodramatic...its just I see with a child, they have finite resources...and every significant stress on that body that is unnecessary should not be there...there is no excuse. I hope you get good help and good allies in protecting your child.