QUESTION
Can CPS take him from our home if we are not being investigated?
Asked on Jan 13th, 2017 on Child Custody - Washington
More details to this question:
CPS told my husband and I that if we did not file for 3rd party custody of our grandson, they would file a dependency petition. Does CPS have to tell my grandson’s mother that they are going to do this or can they just take him without notice to her? He is staying with us right now.
1 ANSWER
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You have no legal rights to the child. If the child is not with either of his parents, CPS can take him as part of a dependency proceeding based on their abandonment of the child. If you want the child to live with you and the parents have consented to the arrangement, you can file a 3rd party custody, which has to claim that neither parent is a fit parent. CPS does not have to tell the mother beforehand that they are taking him if she has abandoned him.
Answered on Mar 13th, 2017 at 8:18 AM