Child custody

My daughter, a registered nurse who works night duty, has had her parental rights much reduced because her ex-husband reported her to CPS in Santa Cruz, CA. The basis of his complaint was that he suspected my daughter of using illegal drugs. I have read his report describing the initial reasons for his alarm, and as far as I can see, it amounts to nothing more than unsupported accusations. The most substantive details he could bring up were that once when the two parents were supposed to exchange their parenting roles, my daughter was still asleep and was hard to rouse, and also that her relationship with her boyfriend, a man with two young children of his own, was tumultuous and distressing for their daughter. (I regret to say that I must agree with the latter; but it is at least a reasonable question as to whether it is worse for the child to be deprived contact with her mother, especially when you consider the present alternative).

Despite this lack of any real evidence of abuse or neglect, CPS instantly and uncritically allowed the father to assume all custody, with limited visiting privileges to my daughter (after much distress this was increased to 2 sessions of 4 hours a week; previously it had been one visit supervised by her mother-in-law–more about her in a minute.)

My daughter was also subject to random drug tests at the whim of her ex-husband. She submitted to these, though with much resentment, and none conclusively proved positive. A couple were doubtful, but not decisive, and it is generally known that there are many perfectly legal foods and medicines which will give some false positives for illegal drugs.

Every time she has returned to the court for re-assessment of the situation, she has insisted that this has all been deeply prejudiced against her, pointed out the insufficiency of the drug test results, and asked that her custody be restored. Restrictions on her visitations have been relaxed a little: two visits a week instead of one, with no supervision– but each time her period of "good behavior probation" has been extended. She has once again reluctantly to submit to some further tests, but her main point is that it seems that CPS will never be satisfied until it gets a positive drug test and can deny her custody indefinitely.

I was present at one of her hearings. It was perfectly obvious that the judge had not read her responses to the accusations of her ex-husband, and had taken all his opinions from the recommendations of the court mediator. When it became obvious to me that a great deal of highly relevant material had been simply ignored, I raised my hand and asked if I might speak in my daughter's behalf. "No," said the judge, and that was that. No reason, no way to respond.

Very important fact about this case: The child's mother-in-law used to be (maybe still is) the head of CPS in Santa Cruz. The mediator worked under her and they are well acquainted. The mediator makes exactly the recommendations that support the father's and mother-in-law's wishes, and the judge always accepts them without consideration of countervailing arguments.

The consequences of this forced separation from her daughter have been appalling for my daughter, and in my opinion can only be most serious psychologically for my granddaughter. I have been told that when she asks her father or his mother whether her mother is a bad person, they reply, "I can't answer that question."

It is apparent to me that my daughter will never receive a fair hearing in this court. So my first question is: Is there any way to go above this court?

It also occurs to me that there is a very real case that the father's family is highly dysfunctional and is a harmful environment for the child. Strange sexual innuendos seem to be rife. Is there any way to bring a case against that family, to reverse the custody situation?

One further question: It seems there may be no proof of service on file anywhere. Relevant? - Is this your question? Add additional information