my exhusband had custdoy and lost it to cps what are my rights

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my exhusband had custdoy and lost it to cps what are my rights

Asked on May 28, 2009 under Criminal Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the only reason your husband had custody was a voluntary decision you made in the divorce, then you are probably still entitled to assert your rights as a natural parent.  If CPS is not willing to let you take the children, thought, you will need a lawyer's help.

Ordinarily, if a natural parent is willing and able to take custody of children, when the other parent is deemed unfit, the courts favor the natural parent over anyone else, including "the system."  That's the theory, but it isn't always that simple in practice.  One of the first questions typically asked, in a case like yours, is where you were and why you didn't speak up, when whatever caused CPS to step in was going on.

Every case has its unique facts, and you need to have an experienced lawyer, one who has dealt with CPS cases, to review the entire situation, for sound advice on what to do next.  One place to look for an attorney is our website, http://attorneypages.com


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