Can CPS and the courts evict a family member from my home

[deearr]

Long story, my daughter got herself involved with drugs repeatedly left her child in my care (grandma) for days and not coming home. It got to the point where she was just not getting it that she to be a mom. So I called CPS ( wrong move there) CPS got involved and told me file for custody, so I did. Went to court and behold they threw my case out and my grandson had a court appointed attorney and my daughter had to get legal aid. OK... My son who lives with 21 ( yes had a drug problem way before my grandson was born, cleaned up and went programs and has been clean for 1 1/2 year now and still. Now my grandson attorney ask who lives in the house and we where honest, she any drugs abuse and we were honest about my daughter and my son. So they evicted my daughter from the home,which i understand she needs help. but my son was never part of this court hearing and was never served papers to evict the home. Cause i told CPS what happened at court, there was no paper work on my son. My question, is it right for CPS to tell my son to leave without any court documentation from the courts and the judge never said anything about my son when we were in court?:dgrin

 

[army judge]

If a court has not issued an eviction order, your son is not required to vacate your home.

If a court has issued such an order, then Junior should obey it.

If Junior want to fight it, he needs a lawyer.

It might not be a bad idea for Junior to discuss his rights with a lawyer.

 

[shrinkmaster]

As previously stated and "eviction" is a court action. CPS does not have eviction powers! If the court did not evict then there is no eviction

 

[deearr]

Thank you, you helped!! My son stays!! Unless he gets serviced with any court papers for eviction. He stays at home.

 

[shrinkmaster]

Yes court must evict him. However CPS may be telling him or whomever he must lease for teh safety of whatever children are involved. Failure to do so could force CPS to take children. This is not an eviction but CPS taking action to protect children

 

[Proserpina]

That's the bottom line, really - while it's true that CPS cannot evict, they can basically make it a choice between "having minor child in home" or "not having minor child in home".

 

[deearr]

OK, need an answer..... CPS has never met my son or even question him on the court case about my daughter. But do they still have the power to do such an action as to evict my son or remove my grandson ( I have N doc custody). I feel the court system in this country is so unfair

 

[shrinkmaster]

CPS does notneed to talk to your son to act. Its very likey they have spoken to child/ren and that and any other evidence or interview results have put CPS in a situation that they feel it best to remove child/ren from your son. Again they ar enot evicting your son only the court can do that. Its more likely they are saying either your son leaves or children will be taken. Its not an eviction

 

[deearr]

Thank you shrinkmaster, I'm understanding how the court system works and CPS.