A dear of mine is currently fighting battle with CPS, due to some unproven claims (i.e. her bitter ex called CPS and claimed that she is a d...

Question

A dear of mine is currently fighting battle with CPS, due to some unproven claims (i.e. her bitter ex called CPS and claimed that she is a druggie and that she sleeps three days in a row without feeding her own 11 years old son). Despite the interview evidence from the son (he denied he was being starved..ever), CPS took him away anyway.

Now under the guidance of judge and CPS, the mother spent a whole afternoon performing community services and taking psychological evaluation tests. She feels strongly that CPS will use these psychological tests to prove that she is an unfit mother for her own son. Now, at the time of writing, his son has been in foster home for a good six months now, but CPS has been inquiring her if she has any friends who are willing to take on the roles of foster parents.

She came to me with a proposal that I would seek for a home study from her CPS case worker and further seek to become a foster parent for her son. The idea is that if she is on the losing end, she would inform judge to sign away her guardianship to me (assuming I would agree to adopt the child). Once CPS has nothing to pursue with (assuming she signs away her rights), and closes the case, I can then return the child to her.

Now, I am not a lawyer, but what kind of legal trouble would I find myself in if such plot is to be executed? I know she is a good mother, and she would do anything to care for her child. If she does indeed lose her child to CPS, she would have to wait for 7 years (until he turns 18) before she can see him again. I am torn here, wishing I could help, but I wonder if this can bring more trouble to her and me than it is worth. thanks for reading

Answer

Something turned up in the initial CPS investigation that caused them to take the child. Also, where is the father of the child? No problem with you becoming a foster parent and taking the child during the investigation, but I advise against the rest of the plan. In such a plan, she will be caught, and so will you. What if the X files another complaint? you will have both lied under oath.

She needs to hire an attorney to assist her with the CPS case. If she has truly done nothing wrong an attorney will be able to help with a quick resolution to the case. Even if she had done something (like testing positive for Marijuana) then an attorney can still help her with CPS.

Answer

I totally agree with Attorney Bayles outstanding answer.

It appears that you live in Houston. There are many excellent attorneys in Harris County. Look on this website and on www.avvo.com for an attorney.

For an attorney knowledgeable in CPS, consider calling one of the following attorneys --

Rogers Bodreaux Jr.

Leo Farias

bobbie Young

Robert Cardenas

Barbara Ramirez

They all do CPS work.

Good luck!

www.familylaw4u.com