Remember, CPS is not the judge. It is a judge's job to determine what is in the best interest of your child. CPS is just charged to make sure the child is ok. All they care about is what is "good enough". The court cares about what is "best". So absolutely you can file for custody and there should be no reason that you cannot win. Since there is an order in place, you need to show that there has been a substantial change in circumstances since the entry of the last order. Obviously from your fact scenario, there has been. Mothers do not get any preferential treatment in court. In fact, there are cases that say just that. If you believe that it is in your child's best interest that you have custody, file that motion to modify custody and seek immediate relief.
Do you have an attorney? If not, hire one immediately. Your chances of keeping this child are excellent if you can present this evidence to the judge. Look on this website & hire an attorney today!
You have some great facts on your side for being granted primary custody of your daughter. But, you will need to have the custody order modified by a Judge after filing a Motion with the Court. I suggest contacting a local attorney asap to get a hearing set on your matter. Do not wait until your daughter goes back to her Mother under the original order, Judges like to keep things consistent or status quo, for the children, and not moving back and forth between parents. Good luck.
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