Legal Question in Family Law in California
My sister's newborn was threatened to be taken from her by CPS. She is bipolar and was having displaying manic behavior though no harm was done to the child. She was hospitalized a decision by the cops called by the christian mission she had been living at. My mom interceded to get Aden my nephew, and applied for temp. guardianship which auto goes to general guardianship in courts at the end of the month. No restrictions were made of her and in fact a Child protection services CPS agent said it was up to my mom's judgment as to when my sister Alaa, the mother, could have back her son. Alaa was released from the hospital medicated and put in new housing and then given back Aden. She went for a follow up therapy visit at the hospital at which point when seen with the baby CPS was called and took the child. Their story changed to say my mother was never allowed to give Aden back hearsay with no written or verbal confirmation. Now there is a court date on Friday for Aden. My mom is presently out of state wont be back in time and I would apply for temp custody under those stipulation but want simply to know what my rights are at this point to try and get that child out of the system.
1 Answer from Attorneys
Leaving an infant with a bipolar person who is having medication isues is unsafe. Your mom should not have given Aden back to your sister without CPS approval. If you do not go to court, Aden will very likely be in thew system for a long time. The courts look at the best interests of the child, and try to think of all the possible problems. If your sister was medication compliant, it is unlikely she would have had a manic episode requiring hospitalization. What happens next time she is off her meds and has an episode? There are no guarantees she will not inadvertantly harm Aden while in a Manic or depressed state. I know of a case where a child was thrown on the ground by a manic individual with no prior abuse history, and the child died. PLEASE, think of Aden and not the conveneince of your family or the wishes of her mother until her mother is more stable! Go to court and get Aden or let the baby go. There are many people dying to adopt a healthy baby if your family cannot care for Aden. Sorry to be so harsh, but Aden has to come first. Good luck!
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