How to get your child back

Steps To Take To Get Legal Custody Of Your Child Back: Ramos Law Group, PLLC

Posted Oct 7, 2020 by Ramos Law Group, PLLC | Child Custody

There are many different situations under which you may have lost legal custody of your child, such as where:

• A court found that you were an unsuitable parent;
• You did not participate in a paternity case; or,
• A judge awarded sole custody to your child’s other parent in a divorce matter.

As a result of losing legal custody, you do not have the power to participate in important decision making regarding how to raise the child. Plus, there are implications related to visitation and support any time custody is at stake.

The good news is that there are strategies for getting legal custody or access and possession of your child back, but there are certain legal requirements and court rules you must follow in order to do so. Because the process can be complex and is likely to involve heated emotions, it is critical to count on a Texas child custody attorney for assistance with the proceedings. Still, you should be aware of the steps involved with getting legal custody of your child back.

1. Gather Essential Proof and Talk to Witnesses. The first official step in getting custody or modifying an existing order is filing a petition to modify the court’s standing order on the matter, which is described in more detail below. However, there is some preparation work you will need to do to support the petition. You need proof that granting you legal custody, or in the alternative, more access and possession is in the child’s best interests and meets the various factors that the judge will review in making a determination. Therefore, it is best to collect this evidence in advance and include it when you file your documentation. Plus, you should contact people that you might want to testify as witnesses on your behalf.

2. File a Petition to Modify Legal Custody. Your goal is to get custody of your child after losing it, so the process starts by making a formal request that the court modifies the order that is currently in place. For any custody and visitation modifications, there must be a change in circumstances and the child’s best interests are no longer being served through the existing arrangement. You must also state the reasons why the modification – granting you legal custody – IS in the child’s best interests. Your petition should include information on:

• Your child’s wishes, if he or she is old enough and sufficiently mature to make such a decision;
• The physical and emotional needs of your child;
• The absence of any danger to the child through granting custody;
• Your ability to support the child’s developmental needs;
• How you plan to exercise custody rights to benefit the child;
• Any acts or omissions indicating that the current arrangement – sole custody by your child’s other parent – is NOT a proper one.

3. Review Any Response Filed by Your Child’s Other Parent. Once you file your petition for modification, the opposing party will have the opportunity to respond in writing. In some cases, your child’s other parent may agree to share joint custody or might be willing to negotiate a compromise. Under such circumstances, you may prepare the necessary paperwork and request that the court enter an appropriate order. However, if the matter is contested, you will need to carefully review the response.

4. Discovery and Mediation. The time between the initial filing of the petition to modify and the final trial is where the bulk of the legal process occurs. You may want your legal team to conduct discovery, where the responding party answers questions and submits financial, medical, educational, or other documents relevant to the case. Depositions may be scheduled, where a party is deposed and must answer legal questions on the record. Many courts in Texas require parties to attempt mediation, where the parties (with the help of a third-party mediator) attempt to reach an agreement on the terms of modifying an existing order.

5. Prepare for the Trial on Custody Modification. If the parties are unable to reach an agreement during the litigation process, then the court will set your case for a final trial. During the proceeding, you will have the opportunity to present your evidence, witnesses, and your own testimony. The opposing party will also have the chance to introduce proof that contradicts your petition. Once both sides rest, the judge will review all evidence and testimony. He or she will meticulously go over the proof as it applies to each factor in the child’s best interests standard. The court will then issue a ruling on your petition, which will likely be in your favor if you have met your burden in showing why you should have legal custody of or additional access to your child.

These are the basic steps for getting legal custody of your child back, but there may be additional requirements based upon your unique circumstances. Instead of trying to go it alone and putting your rights as a parent at risk, trust our team at The Ramos Law Group, PLLC to advocate on your behalf. Our lawyers can assist with gathering evidence, filing the necessary documents, and representing you in court. To learn more about how we can help, please contact our office to set up a consultation right away.

How to Get Your Children Back from CPS in California

By Her Lawyer on June 8th, 2021

What You Need to Know About Getting a Child Back from CPS in California

The Child Protective Services (CPS) acts as an essential system to keep children in safe home conditions and to intervene when a child is at risk. There are several helpful tips for parents who would like to get their children back from CPS. Here’s how to get your children back from CPS in California.

What Exactly is Child Protective Services (CPS)?

Child Protective Services not only provides services to abused and neglected children, but aims to keep the child in their own home when it is safe. These types of services may include intervening in a home crisis, applying family support services, and gathering facts about the case at hand to clarify the problems. Furthermore, there are several categories of children and families that CPS are available to. California law defines child abuse as any situation involving a child who is:

• Physically injured by means other than an accident,
• Abused or sexually exploited,
• Treated with unjustifiable punishment and cruelty, and/or
• Neglected by a parent or caretaker who fails to provide necessary means of survival such as adequate food, water, shelter, clothing, or medical care

If a community member suspects abuse or feels that a report has been filed in error, they should speak with the appropriate agency to investigate the situation. One useful resource is the County Children’s Protective Services 24-hour emergency response phone.

Related: When to Call Child Protective Services in California

Why a Child May Be Removed From Their Parent’s Care

As outlined above, there are several reasons why a child may be removed from their parent’s custody. Under Welfare and Institutions Code Section 300, a child may be removed from their home if a child has 1) suffered or if they are at risk of suffering physical harm by their guardian, 2) a parent has failed to provide a child with survival necessities, or 3) a parent has failed to protect the child from substantial risk or harm.

Related: What CPS Can and Cannot Do in California

Tips to Consider if a Child Has Been Removed From A Parent’s Care

In order to get a child back from CPS, it may serve an individual well to adhere to the following tips:

1. Remain calm

It may be very emotional and confusing to have a child placed into protective custody by CPS. A parent will understandably have a better chance of receiving custody of their child back if they remain calm and steer clear of arguing with investigators or officials.

2. Provide necessary information to the investigator regarding friends or family that can temporarily take your child

It may be best to give the investigator names of trusted individuals who can take care of your child until the investigation is complete. It is also important to note that the person you identify must be able to pass a background check by investigators.

3. Be sure to get a proper statement as to why your child is being taken out of your care

This is a required explanation by an investigator, and addressing their concerns may aid in getting your child back faster. There is also the opportunity to ask for more details on their specific concerns and what guidance they have on ways to get your child back.

4. Speak with a lawyer

It is incredibly important to receive solid legal advice about CPS cases to aid in receiving your child back. An attorney specialized in this type of service will be a useful source of information on how to have your child returned to you, and to help address the concerns of the CPS investigator.

FAQs about How to Get Your Children Back from CPS in California

If I report abuse or neglect, do I need to identify myself?

Most people who report abuse or neglect choose to remain anonymous, though it may be helpful to leave your contact information for officials to reach out with further details. However, certain professionals (such as child care workers and doctors) are identified as “mandated reporters” and are legally required to report suspected abuse encountered on the job.

Related: Child Protective Services (CPS) Laws in California

If my child is removed from my home, is it permanent? Can I get my child back?

If a child has been removed from your home based on reports of abuse or neglect, you must work with your local juvenile court to resolve any issues before your child can be returned. Permanent removal is only applicable when parents fail to complete court-ordered programs that attempt to make their home environment safe for their children.

What are some other resources I can utilize to find out more about child abuse prevention and services?

There is a multitude of services available to find out more information. Such sources include Child Welfare Information Gateway, Child Welfare League of America, and the American Humane Association. It may also be helpful to speak with an experienced attorney for more specific questions or concerns.

Contact Us

If you have any more questions about how to get your children back from CPS in California, contact us. Get your free consultation with one of our experienced Child Custody Attorneys today!

How to return a child home?

Child's age: 18

Tags: 12-17 years old behavior

How to return a child home?

The child has a computer problem and is not aware of it. He flunked the exam, referring to an unrequited love for a girl. Entered the college on a budget. He promised to retake the exams and enter the university. But night games and sleep all day continue. There was a conflict, a fight. He said the words of a threat to my life and I could not stand it, saying that after such words he could go to all four sides. He left. Where he is is unknown. He responds to messages in VK to his father (he sells separately), regularly appears on the network. Recommend how I should behave so that he returns home. Thank you.

Natalia

Hello, Natalia!

You have a very difficult family situation, which is better to understand together with a family psychologist. On our site there are addresses of free psychological services in your city.

Unrequited love in adolescence and early adulthood can really cause you to fail your exams. There is nothing catastrophic in this - you can always retake the exam, you can re-enter the university. There is an article on our site dedicated to the first love and mistakes of parents, perhaps it will be of interest to you. First love: three main mistakes of parents.

It is much more important to maintain warm and trusting relationships within the family, because the family is the basis that helps a person not to give up and move on, knowing that his family will always support him and help him get out of a difficult situation. It is very important to talk a lot about plans and goals for the future, because it is possible that your son's goals do not coincide with those that you would like for him. And this is also a normal situation. Your son is already 18 years old, which means that he is an adult, accomplished person, and not a child, and therefore you need to treat him like an adult.

Your words about your son being able to leave home, I think, were said in an emotional outburst. But, of course, any child would not want to hear this from his mother, as a result - an adult son brought your words to life. Of course, if you want to build a relationship with your son, you need to get in touch with him in some way. How exactly - it's up to you, but you need to do it yourself, and not through someone - that is, you don’t need to ask, for example, the father of the child to become your link, in this case there will be a shift in responsibility, and the situation will become even more confusing.

Relationships with your son can only be established through a dialogue between two equal adults. Think in advance what you want to discuss, what questions you want to answer. Do not belittle the importance of your son's feelings, respect his decisions. If he decided not to retake the exams and not enter the university, then decide what issues you need to solve together in order to resolve your future life. Perhaps you decide to limit the financial support of your son or, conversely, offer to pay for his education in any specialty that he chooses on his own in order to motivate him to receive a higher or secondary specialized education.

Since your situation is quite complicated, it is not possible to help you fully in absentia. You can always call the helpline 8-800-2000-122, as well as contact a specialist for an in-person consultation.

Ekaterina Safonova,
psychologist of the site "I am a parent"

How to return a child from care?

Good afternoon!

Unfortunately, it is not possible to deduce from your question what circumstances preceded this situation.

If you were absent for a long time, leaving the child with the grandmother, then the grandmother could apply to the guardianship authority with an application for the establishment of guardianship, just at least to receive child support and legally take care of the child, for example, as a legal representative to take the child kindergarten and hospital. Otherwise, you had to leave a notarized power of attorney for her to represent the interests of the child. Moreover, you write that de jure she is not a grandmother, but only de facto.

P. 3. Art. 148 of the Family Code of the Russian Federation establishes the right of children under guardianship or guardianship to maintenance, the funds for which are paid monthly in the manner and in the amount established by the laws of the constituent entities of the Russian Federation, except in cases where guardians or trustees are appointed at the request of parents in the manner , defined by Part 1., Article 13 of the Federal Law “On guardianship and guardianship”. These funds are spent by guardians or trustees in the manner prescribed by Art. 37 of the Civil Code of the Russian Federation.

In accordance with paragraph 1 of Art. 145 of the Family Code of the Russian Federation, guardianship or guardianship is established over children left without parental care for the purpose of their maintenance, upbringing and education, as well as for the protection of their rights and interests. In accordance with paragraph 1 of Art. 121 of the Family Code of the Russian Federation protection of the rights and interests of children in cases of death of parents, deprivation of their parental rights, restriction of their parental rights, recognition of parents as incapacitated, illness of parents, prolonged absence of parents , parental evasion from raising children or from protecting their rights and interests , posing a threat to the life or health of children or hindering their normal upbringing and development, as well as in other cases of lack of parental care, is assigned to the guardianship and guardianship authorities.