Can I get custody of my niece if CPS took her 3 times from parents?

Status
Not open for further replies.

smanning1982

New Member
My niece is 5 years old. My brother is her father. The mother is diagnosed with bipolar and psycosis. (sp?)

First time CPS took the child she was about 8 months old. They took her because the apartment had no electricity and parents were lighting fires in a pan in the kitchen to stay warm (this is during winter), child was filthy, the apartment was so trashed you literally could not see the floor, there was meth pipes within reach of the child.


The parents got her back in 30 days after they cleaned the apartment.

Exactly 30 days after they got her back they apartment was raided due to my brother stealing a car. THe apartment again was filthy with no electric and meth was found. CPS took her again. My brother went to prison for 4 years.

This time I took her in to my home in the kinship foster program. I had my niece for a year and a half. The mother got her back at this point, my niece now about 2 1/2 years old. The mother completed the drug classes and parenting classes. And had supervised visitation which she only showed up to about half the times. But, she got her back.

She had her with no problems with CPS for almost 3 years. Now my niece is almost 6 and my brother is still in prison (getting out next month). I am now living in Florida, they are in Arizona. I just found out through my brother that CPS took my niece for the 3rd time November 21 2014. Her mother was heavily into alcohol. Her boyfriend put a restraining order against her for domestic violence. The mother was not taking her meds for bipolar/phycosis and was heavily into alcohol. The report states that her mother threatened suicide and to kill the child. The report also says that she is physically aggressive with the child. The report also says she can not provide a stable safe environment for the child due to her mental illness. She was court ordered into a mental hospital and got out after 6 weeks which was last Friday.

I called the mother. She talks on the phone like it's no big deal and this is normal. Saying she threatened to kill the child because she was having a breakdown. She said CPS gave her a brand new apartment and is helping her find a job and shes back on her meds.

When CPS asked if there's any family that take the child. She said to give her to the neighbors down the street that she just met a few months ago!

My brother has a court hearing this Friday from prison to establish paternity rights?? Something along those lines. Again, he gets out of prison next month.
He is going to ask the judge if the child can be placed with me



My questions is...

1. Is it even possible to place the child with me since I am out of state and the mother still has her parental rights at this point? The mother would never agree to it, she hates me.

2. How many chances does CPS give a parent? She's only had the child a total of 2.5 years out of her 5 years of life and CPS has taken her 3 times!

3. Is it possible for her to get child back if she starts taking her meds?

4. If my brother gets out of prison can he get custody of her? Or will he have more say over the child than her at that point??



Thanks in advance I appreciate any answers and help

My niece is 5 years old. My brother is her father. The mother is diagnosed with bipolar and psycosis. (sp?)

First time CPS took the child she was about 8 months old. They took her because the apartment had no electricity and parents were lighting fires in a pan in the kitchen to stay warm (this is during winter), child was filthy, the apartment was so trashed you literally could not see the floor, there was meth pipes within reach of the child.


The parents got her back in 30 days after they cleaned the apartment.

Exactly 30 days after they got her back they apartment was raided due to my brother stealing a car. THe apartment again was filthy with no electric and meth was found. CPS took her again. My brother went to prison for 4 years.

This time I took her in to my home in the kinship foster program. I had my niece for a year and a half. The mother got her back at this point, my niece now about 2 1/2 years old. The mother completed the drug classes and parenting classes. And had supervised visitation which she only showed up to about half the times. But, she got her back.

She had her with no problems with CPS for almost 3 years. Now my niece is almost 6 and my brother is still in prison (getting out next month). I am now living in Florida, they are in Arizona. I just found out through my brother that CPS took my niece for the 3rd time November 21 2014. Her mother was heavily into alcohol. Her boyfriend put a restraining order against her for domestic violence. The mother was not taking her meds for bipolar/phycosis and was heavily into alcohol. The report states that her mother threatened suicide and to kill the child. The report also says that she is physically aggressive with the child. The report also says she can not provide a stable safe environment for the child due to her mental illness. She was court ordered into a mental hospital and got out after 6 weeks which was last Friday.

I called the mother. She talks on the phone like it's no big deal and this is normal. Saying she threatened to kill the child because she was having a breakdown. She said CPS gave her a brand new apartment and is helping her find a job and shes back on her meds.

When CPS asked if there's any family that take the child. She said to give her to the neighbors down the street that she just met a few months ago!

My brother has a court hearing this Friday from prison to establish paternity rights?? Something along those lines. Again, he gets out of prison next month.
He is going to ask the judge if the child can be placed with me



My questions is...

1. Is it even possible to place the child with me since I am out of state and the mother still has her parental rights at this point? The mother would never agree to it, she hates me.

2. How many chances does CPS give a parent? She's only had the child a total of 2.5 years out of her 5 years of life and CPS has taken her 3 times!

3. Is it possible for her to get child back if she starts taking her meds?

4. If my brother gets out of prison can he get custody of her? Or will he have more say over the child than her at that point??



Thanks in advance I appreciate any answers and help

My niece is 5 years old. My brother is her father. The mother is diagnosed with bipolar and psycosis. (sp?)

First time CPS took the child she was about 8 months old. They took her because the apartment had no electricity and parents were lighting fires in a pan in the kitchen to stay warm (this is during winter), child was filthy, the apartment was so trashed you literally could not see the floor, there was meth pipes within reach of the child.


The parents got her back in 30 days after they cleaned the apartment.

Exactly 30 days after they got her back they apartment was raided due to my brother stealing a car. THe apartment again was filthy with no electric and meth was found. CPS took her again. My brother went to prison for 4 years.

This time I took her in to my home in the kinship foster program. I had my niece for a year and a half. The mother got her back at this point, my niece now about 2 1/2 years old. The mother completed the drug classes and parenting classes. And had supervised visitation which she only showed up to about half the times. But, she got her back.

She had her with no problems with CPS for almost 3 years. Now my niece is almost 6 and my brother is still in prison (getting out next month). I am now living in Florida, they are in Arizona. I just found out through my brother that CPS took my niece for the 3rd time November 21 2014. Her mother was heavily into alcohol. Her boyfriend put a restraining order against her for domestic violence. The mother was not taking her meds for bipolar/phycosis and was heavily into alcohol. The report states that her mother threatened suicide and to kill the child. The report also says that she is physically aggressive with the child. The report also says she can not provide a stable safe environment for the child due to her mental illness. She was court ordered into a mental hospital and got out after 6 weeks which was last Friday.

I called the mother. She talks on the phone like it's no big deal and this is normal. Saying she threatened to kill the child because she was having a breakdown. She said CPS gave her a brand new apartment and is helping her find a job and shes back on her meds.

When CPS asked if there's any family that take the child. She said to give her to the neighbors down the street that she just met a few months ago!

My brother has a court hearing this Friday from prison to establish paternity rights?? Something along those lines. Again, he gets out of prison next month.
He is going to ask the judge if the child can be placed with me



My questions is...

1. Is it even possible to place the child with me since I am out of state and the mother still has her parental rights at this point? The mother would never agree to it, she hates me.

2. How many chances does CPS give a parent? She's only had the child a total of 2.5 years out of her 5 years of life and CPS has taken her 3 times!

3. Is it possible for her to get child back if she starts taking her meds?

4. If my brother gets out of prison can he get custody of her? Or will he have more say over the child than her at that point??



Thanks in advance I appreciate any answers and help

I'm sorry, I typed the wrong thing. Yes he HAS established paternity.

The court hearing this Friday is not for paternity it is for a dependency petition and petition for child support to be paid to the neighbors she was placed with
 
Last edited by a moderator:
Lots of questions and far too involved to go into all the particulars here. You really need to speak with a family law lawyer. For one, it doesn't even sound like bro has established paternity and therefore you wouldn't even be recognized as the aunt/kin.
 
I'm sorry, I typed the wrong thing. Yes he HAS established paternity.

The court hearing this Friday is not for paternity it is for a dependency petition and petition for child support to be paid to the neighbors she was placed with

This is a sad situation for the child.
There's no way a convicted felon will be able to pay much support, but the system must be fed.
There's no way your brother could properly care for the child.
The neighbors probably see dollar signs.
Your heart seems to be in the right place, but you're 2500 miles away in another state.
It's extremely difficult to arrange out of state placements.
Many states won't place a child out of state.
First you need to investigate if CA will allow a FL placement.
So, ask CA's CPS about that.

My sister had to move from MI to GA to seek such a placement of her grandchildren.
She had to do several classes, endure an invasive, extensive background check.
She, fortunately for her, is retired and has been widowed (lost her husband because he was a soldier killed in Vietnam, oh so many years ago) for 45 years.
Her loser, drug addicted, irresponsible, loser daughter went the route of your sister-in-law.

It took her a year, and she spent money , lots of money, some hers and some gifts of her siblings.

You need to discuss this with CPS.
You can't get the help you need on the Internet.
You also need a lawyer.
You need to steel yourself for disappoint.
I wish you well.
 
Status
Not open for further replies.
Back
Top