How do unmarried fathers win custody of their child after CPS has taken them from both parents?

Question

Mother is confirmed drug addict and not interested in recovery. Father is recovering alcoholic since 04/06. Both were living with her drug addicted family. Father was only one working and took care of baby 100% when home from work. The law was called when grandma attempted suicide and taken to detox. CPS was also called and took the 4month old when house was found to be roach infested and had no water for 3 months. Father carried water in gallon jugs, bought baby needs, and groceries. Father also protected baby things and bottles from roaches by storing them in empty freezer. Father not an angel but since birth of son he has done a 180 degree turnaround. Mother's family only became possesive and agressive after father couldn't take anymore and planned to leave for the baby's health and safety.

Answer 1

I know someone who has been going through what you are!!!!! The mother is in prison for substance abuse and father is recovering addict. The state took the kids away, but he got clean and went to the judge saying he and his sister would buy a house and both of them would help the children in school and be parents in a fabulous way. he DID GET CUSTODY AND STILL GOES BEFORE THE JUDGE EVERY 3 MONTHS TO SHOW HE IS CLEAN AND ALL IS WELL WITH THE CHILDREN. GOD BLESS YOUR RECOVERY AND GIVE THE KIDS LOTS OF HUGS!!!!

Answer 2

Well you need to prove yourself for a period of time. I am sure you can ask CPS when the next hearing is for the child. Make sure the apartment or house is clean and free from roaches. I would get orkin or another company to spray professionally. Then make sure your income is enough to support the baby and you. Arrange a good support system for those times you need to leave the baby. This must be documented in writing, and presented to the court at the time of the hearing. Maybe too down the road search for a different employer that allows more time in case of illness or injury of the child.

Answer 3

Get an attourney and prove themselves fit. Most judges aren't going to keep the child away from a fit parent. He will have to prove himself possibly to family services and to a judge as well... i'm sure that witnesses would be of some help. When i say prove himself i mean be completely undeniably responsible. Job, schooling, take parenting classes if needed, attending meetings regularly for drinking, getting kid to doctor when needed...ect. It's not impossible. Another possiblity is having another family member get temp custody till the father is ready...this way the child is with family rather than strangers.

Answer 4

NOT gunna happen my friend..... theres a REASON the CPS people take kids away from BOTH parents.... the father would have to be able to take care of the kids on his own in his own place thats clean, AND be able to hold down a FULLTIME job at the same time..... the kids are better off in foster care if the family cant get it together. I know the father is meaning well, but hes not superman

Answer 5

OUCH!!! Does he have any character references? Any family nearby to help you take care of his son? Even if he doesn't need help, with that story CPS is going to want a backup. Who are you? You seem articulate and educated; you will be able to help.

I'm just guessing, but I would say that key factors would be: 1. support system for father; 2. he should show active involvement in AA or something like it; 3. he will need to show stability--job especially.

He should stay in his baby's life. Make sure it's documented. If they take baby away and show that he was not involved in his life for, I think, 2 years, they can terminate parental rights.

Is there a court hearing soon? He should be there! Learn CPS's procedures. Don't rely on the social worker to inform you; if she "forgets," father is still screwed. Find out who's the baby's guardian ad litem (lawyer who's supposed to work for the baby's good) and talk to him/her. Write up what you wrote up here, only with more specifics, and have father turn it in. He should make notes of everything you do, like "gave letter dated 8-14-06 to Ms. Wilton on 8-15-06 in CPS office at 2:30." You do that, too, to back him up. Understand that social workers are NOT objective and place their opinion above provable facts. I won't bore you with our story. Don't trust them, but you must act like you do, because you don't want to aggravate them--they have his son, and possession is 90% of the law. Be polite, but don't give up.

Answer 6

Child Protective Services is not only for protecting children, but parents can also contact them for help in receiving assistance with learning better parenting styles. When a parent volunteers by asking for help, this makes them look like very responsible parents and it proves how much they love and care for their children, plus it shows how they want the best for their children. I am a social worker, but that does not mean I know everything and I am willing to learn as much as possible. We all need to remember that no matter how much we know, there is always more to learn.

Answer 7

They prefer to let the child be with family. If he could get someone to vouch for him and how much he cares would help. You should tell them all the things you told us. I believe it would make a big difference. They always want the child to be with a parent or family before anyone else. I think he has a really big chance of getting his baby back. Good luck
Try to contact the social worker of the baby she will be glad to hear from you. They need all the help they can get.

Answer 8

If I read this right.....sounds like the father should win custody and get the hell out of that situation and away from that family and start a new life. Ask CPS for help and assistance.!!

Answer 9

if he can prove that his life has turned around and that he can takecare of the childhe may have a good chance.cps will make visits and see that he is working and that he has someone who will care for the child while he is at work. they may make him take parenting classes as that is what they did to a guy that live next door to me.he would also have to take drug test every so often. he got all 3 of kids back.

Answer 10

No trying to judge, but it sounds like the baby would have a better chance in foster care. CPS will see it the same way. The father had better get ready to really fight for his kid or he has no chance.