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Im looking for a family law attorney : I have a open cps case and I'm desperate for help

Asked 7 days ago in Child Abuse

Diane’s answer: I agree with Ms. Cox, you do not need a family law attorney if you have a CPS case. Family law and CPS/Dependency cases are governed by two different set of statutes or laws. A CPS case is very different from a family law case. If you have an open case and you are a parent, the court will appoint an attorney for you. However if you can afford to hire your own attorney and want more individualized attention then I would suggest you find an experienced dependency attorney. I wish you luck!

Answered 7 days ago.


Voluntary CPS case?? Please help me: I had a baby girl 2-26-17. We came home from the hospital after 3 days and everything was great until one morning, weeks later, CPS showed up at my door, saying that the baby tested positive for methadone(I have Rx))+ amphetamines. I, in all honesty, used speed for the first few months of my pregnancy, but only because I had no idea I was pregnant (I'd had an IUD but it fell out). I quit using months ago and have the weekly UA results to prove it. I signed an ROI for them to talk to the clinic and have been able to keep the baby in our custody(I live with her father and his mother and sister. They are a very loving, healthy family and my baby is extremely well taken care of). Yesterday, we had a family team MTG with CPS and they're recommending a voluntary case plan for 6m where I'd have to go in for 3x wk testing + long checklist of stuff I, quite frankly, don't have time for with a newborn. They told me it's recommended, but voluntary. I had a drug eval per their request and no further treatment is recommended. I think agreeing will have negative consequences​ but my in laws want me to do it. I don't want the extra stress. I want to decline, but what's in our best interest?

Asked about 1 month ago in Child Abuse

Diane’s answer: You are making very mature decisions for your baby, the decisions will be lifelong so think this over carefully. I would suggest you find an attorney that practices in Dependency and Adoptions to determine what path you may wish to take. One thing I did not notice mentioned is relinquishment, please discuss this with an attorney experienced in this area. You are right that any Voluntary Contract that is not followed through with will have negative consequences on your future, it can prevent you from keeping a child later if similar facts arrive. This is not family law in California, when CPS is involved we have a different set of rules so please talk to attorney that is experienced in this area of the law. Good Luck!

Answered about 1 month ago.


Can I get guardianship of my granddaughter without the consent of her mother? : I have a 2 1/2 year old granddaughter that has been living with me on and off and I have been taking care of since she was 5 months old. My daughter stayed with us up until last month. She has been using drugs heavily, stolen money and expensive items from the home, exposed the baby to dangerous people, drained my bank account, and would leave the baby in a car seat in a car alone all night when she went to visit her boyfriend. Most of the time she's just left for 3-4 days and would not say she was leaving, and the baby would wake up asking where mommy is. I have been her primary caretaker and have purchased her food and clothing and diapers. My daughter is facing jailtime on several pending cases as well. I want to avoid CPS involvement.
Thank you

Asked about 1 month ago in Guardianship

Diane’s answer: There are two types of guardianships in California, one is created in probate courts with out CPS and one is created in Dependency court. If you do not have a CPS case yet, then you may seek to obtain a probate legal guardianship. Here is a link that the California Courts puts out to give more information: http://www.courts.ca.gov/1212.htm
I would suggest you contact a local attorney that can help you create the guardianship you desire. However, if you can not afford an attorney your county may have a free guardianship clinic to assist you with paperwork. I know the Los Angeles County clinic does not attend hearings with you nor does it help you if there are objections to your request. Good Luck!

Answered about 1 month ago.