Legal Question in Family Law in California

daughter arrested

I have a 6yr old grandson who has been diagnosed with adhd my 24 yr old daughter has a hard time dealing with him sometimes, he has been late to school on many occasions and the school has reported this to cps. Yesterday the school nurse took my daughter and g-son to his Dr. appt. My daughter said that she was stressed out and went into the bathroom and kinda flipped out, the nurse witnessed this and called CPS. She was drug tested. She tested positive for drugs so the Police were called and she was arrested for Willful Cruelty to a Child and Under the Influence of a Controlled Substance. My g-son is now in child custody and cps told me that I could not get temp custody because I have a prior cps case. I have never had a cps case. I have had past criminal charges. Do you think my daughter will be able to get her son back and what can I do as far as getting temp custody of him. I was never even notified by anybody that she was even arrested or my grandson taken to CPS.


Asked on 2/08/06, 6:12 am

1 Answer from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: daughter arrested

your daughter has an excellennt chance of getting her son back provided she goes to drug rehab and follows every recommendation CPS makes. You have less chance to get temporary custody or be able to adopt/foster your grandson. Your criminal record as well as the fact that you didn't step in to protect the child before CPS got involved will be held against you. Also, your daughter will be given legal counsel but you have to pay for your own. Encourage and support your daughter is my advice.

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Answered on 2/08/06, 3:46 pm


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