QUESTION

Can i adopt my girlfriends son that was taken by cps for neglect (drugs in her system) so he is not in foster care?

Asked on Sep 27th, 2015 on Family Law - California
More details to this question:
I am dating a girl who has issues with meth and after our sons birth cps came and tested her.she failed the test and our son was taken that day. Im not the bio father and she does not know who is. We began dating about the same time she found out ahe was pregnant. I agreed to raise our son as he was my own. Was there when he was born, named him, and took care of him the 6 days he was home. She relaps and because i was not put on the birrth certificate because of the influence of her mom. I am not able to have any sayso or included in any of the legal prossess of my child. What can i do to get back my child that i feel has been legaly kidnapped by cps?
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1 ANSWER

Family Law Attorney serving Suisun City, CA at Law Offices of Russo & Prince
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You do have legal rights and you need to speak with an attorney ASAP.  You can ask the courts to find that you are the child's father by filing a petition to establish paternity and informing the court of your contention that you qualify as a presumed father under Family Code section 7611 (a presumed father is one who "receives the child into his or her home and openly holds out the child as his or her natural child").  If you have a good relationship with the mother you can also file a voluntary declaration of paternity with the Department of Child Support Services which will serve as a judgment that you are the child's father.   Let me please point out one other thing.  The baby was not kidnapped.  The baby was an infant being raised by a mother on meth.  CPS did the right thing here, and it is not going to do you, the baby, or your girlfriend any favors to minimize her role in this situation.  Children of meth users can have serious complications.  This isn't do discourage you from coming forward as the father, you should do so if you love this child and can provide for his care.  You just need to be realistic about the situation. Good luck to you both. 
Answered on Sep 28th, 2015 at 2:21 PM

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