Need Help Dealing With CPS.

Reply Wed 29 May, 2013 09:35 pm
I'm a first time father to my beautiful new born daughter. She was taken by CPS at three days old before she and her mother where discharged from the hospital. This was due to her being prenatly exposed to a narcotic medication without a doctors consent while her mother was pregnant. There where no complications durring labor, my daughther is completely healthy and continues to develop and thrive on a daily basis.

That aside my question is, how can cps take my daughter from me as well? They say I must work toward fixing the problem in which led to their intervention. In this case being substance abuse.
I've not done anything to harm/neglect/abuse my daughter in anyway shape or form what so ever.. yet my rights as a father are being stripped away due to the mothers actions and decisions.
If it makes a difference I am on probation, But I didn't think that CPS could hinder my rights with my daughter due to my past. Which was years before my daughter was even born.
If this is the case then shouldn't everyone when accepting the terms and conditions of probation have to wave their rights as a parent if they're to have a child while on probation?? Also, Since her birth I've not had contant with law enforcement, I've not been in jail, I've not given a positve drug test. So I'm curious how they're legally doing what they've done..
I'd highly appreciate any advice or information on this sort of topic. I'm in desperate need of some help. Thank you.

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Reply Wed 29 May, 2013 10:50 pm
Are you currently living with the baby's mother, who I gather is not your wife? Is she a substance abuser? Are you a substance abuser? I don't think you're being really forthright or completely honest about the facts of your situation.

It sounds as though the baby was removed from the mother's care because of her substance abuse. If you also live with the mother, they would have to separate the child from you as well in order to place her in a safer or more appropriate environment. It sounds as though they want you to help get the mother into some sort of drug treatment as a condition of returning the child to the home. You may not be doing anything to directly abuse your daughter, but you're also unable to protect her from her mother's substance abuse, and the effects of such abuse on the care and welfare of this child.

Did CPS tell you that your status of being on probation is affecting your rights as a father? What rights are you seeking? Do you want sole custody of this child, so that you can care for her in a separate residence? Are you prepared and able to do that? Do you want visitation rights while the baby is in foster care? Just what rights are you seeking? And what responsibilities are you willing to undertake? Does CPS want to move to terminate all parental rights of both you and the baby's mother--is the situation that serious?

Have you discussed this situation with your probation officer? That person may well be able to clarify your position for you, and to be a resource for you.

Has CPS advised you of your legal rights in this situation? Have they told you exactly what they want and expect of you? Have there been any court hearings concerning this child? If so, have you attended them? Have you inquired about getting legal representation for yourself, to express, and protect, your interests in this matter?

Your primary concern should be the welfare and well being of your newborn child. But all you're talking about are your "rights"? What about the welfare of this child? Your concern for your child doesn't seem very strong--it certainly seems to be taking a back seat to your feelings concerning yourself.

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