QUESTION

what will happen if you don't work with the courts tand CPS to get your child back?

Asked on Aug 24th, 2013 on Family Law - Iowa
More details to this question:
My daughter was taken from my custody a year ago and since then I have been homeless and in an abusive relationship, as well as severly depressed. I have not kept in contact with CPS or follows any of their request, even though my baby is my everything. I have missed almost all court dates as well due to my emotional state, is there anyway that i can start up a new case? I haven't even seen my dsaughter in over a year now.
Report Abuse

1 ANSWER

General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
Update Your Profile
If you didn't participate in the juvenile court, you need to immediately contact your attorney and Department of Human Services (DHS).  In Iowa, DHS is the state agency responsible for the safety of children.  Since you called the agency CPS, I wonder if the case is in Iowa or not?  If not, different states have different policies and regulations, although federal law requires states to quickly settle cases such as yours. In Iowa (according to federal law), if the child is under 4 years old, the child must be returned to you within 6 months, or you face the possibility of termination of your parental rights.  If the child is older, the return time is 12 months.  As you have stated that it has been over a year since the child was taken and you did not keep in contact with DHS or follow their recommendations, there was probably a termination hearing.  At the termination hearing, I would expect that your rights were probably terminated and the child placed for adoption.  If your rights were terminated and not appealed, then there would be little to no hope of reobtaining custody. Once adopted, the court would not allow you to reassert any  claims, as the child deserves the right to move on with her life.  However, contact your attorney immediately.  You would have probably had an attorney appointed to represent your interests.  If you do not know how to contact your attorney, contact the clerk of court for the information.
Answered on Aug 25th, 2013 at 3:21 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters