i have an open cps case in the state of wv, which the allegation is child neglect due to substance abuse. I dont have a goodsupport system here and my family is residing in Florida. Is ther any way i can get the case moved to where i can be by family and start my drug rehabiltation?
Family Law Attorney
I presume you do not have custody of the child, because moving out of state with the child raises a lot of issues. I would not see where this is a problem, but speak to the CPS case worker assigned. Wherever you live, the impetus will be on you to take the steps to correct whatever led to the finding, and CPS will likely be more concerned that you get help and fix things, not where you do it. Just be sure that if you later come back to the WV courts to regain custody or visitation, it will still be WV CPS you will be dealing with, because the child is in WV and within its jurisdiction, and it will have to be convinced with verifiable evidence from Florida authorities and/or health care providers that you've been doing what you say you have to address your issues
To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.