Legal Question in Family Law in California

Re: Who has custody when C.P.S gets involed

Wow...sorry to hear that, thus, my response. If CPS gave you temp custody, then that is it until they say otherwise. the child may temporarily be a ward of the state, with you being the authorized caretaker....don't know. not enough facts provided by you. Don't know if you have established paternity, but this is step 1. Also, in the meantime, the social workers are very powerful people. But the court takes precedence... e.g., monitoring those people, too, if they (CPS)haven't filed a case in dependency court, you can. It is the Los Angeles Superior Court, Dependency Court (over by Cal State Los Angeles)Central District

Edmund D. Edelman Children's Court

Juvenile - Dependency Court

201 Centre Plaza Drive

Monterey Park, California 91754

web address http://www.lasuperiorcourt.org/Locations/childrenscourtjuv.htm#2

which should get you some phone numbers. Welfare & Institutions Code is applicable now... and so it is this court that will make determinations of custody.... and you can file an action thru this court for custody, if you deem it in the best interest of your child. Paterity will have to be established though, if not already done or you weren't married. You should confer with a lawyer - well versed in dependency proceedings... at this court....Dependency Court/Children's Court & establishment of paternity.

Re: Who has custody when C.P.S gets involed

In a nutshell, if you have been awarded temporary custody from child services, based on the very unfortunate set of circumstances, you are the parent with the physicial custodial rights for the time being. However, to make it permanent, you would need a court order to properly protect your rights, as well as the safety and well being of your infant son. If you would further assistance in this matter, contact us ASAP for a free consultation.

Re: Who has custody when C.P.S gets involed

Unless there was a court order giving you custody you should take immediate action to get such a court order. If you and mom were not married then file a petition to establish paternity. Along with the petition file a motion or osc with a temporary order giving you custody of the child. Emphasis that the order will maintain the status quo, and that the child was placed in your custody by CPS. Explain that mom's boyfriend injured both of them and they were hospitalized. That CPS told her to move to a new residence and she has not done that as of the time you signed the declaration. Custody issues are complex and driven by the facts of the case. An attorney after reviewing the facts with you can help you determine the best course of action.