Legal Question in Family Law in California
Family Maintenance
My 25 yr. old daughter had her son taken from her from CPS for a misdemeanor charge of willful child cruelty and she gave a psitive test for methamphetamine. The misdemeanor charge had actually nothing to do with him, she got upset @ the school nurse and threw her purse, but my grandson was nowhere around. She goes back to court this month do you think she might have a good chance @ getting Family maintenance. She has enrolled in an outpatient Drug treatment program and she has been clean and testing regularly for CPS. This incident happened about a month ago. I am trying to get temp custody and the worker sent me a criminal exemption form and I sent her everything she asked for and when I called for the results she stated that I had a extensive criminal history (1994-1999) all charges dismissed and prior CPS cases, (unsubstantiated accusations) never actively involved w/ cps. Question: does daughter have good chance for Family maint., & what are my rights if any since my criminal cases were dismissed and cps unsubstantiated.
1 Answer from Attorneys
Re: Family Maintenance
The court must provide family reunification services unless there is evidence that such services would not be successful. Her participation in the drug testing and rehabilitation would indicate that she will be successful in regaining her children. She must keep on track and not falter as she only has 18 months in which to complete reunification services and be reunified with her child.
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