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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
To begin, be sure you really are seeking intervention in terms of having “custody.” Decide exactly what kind of custody or living and care arrangement for the kids you really want and think is best. What are your long-term and short term goals regarding their upbringing? Do you think or have reason to believe your sister should permanently lose custody? How old are the children? If they are 12 or older, they will have something to say about their own choices.
Acting “sooner” is often a key, since (any) CPS tends to get into a position of defending the status quo. Wherever they place the child at first, CPS often has a vested interest in keeping the children there. So if you are eligible for low-cost legal aid, please contact a lawyer for a free consultation, immediately: http: //lawhelpca.org/. The first issue you’ll face gets us squarely into what both Arizona and California State agencies promise is at the heart of custody and parenting arrangement processes. This is often what CPS will describe as…
…Protecting the “Best Interests” of A Child
Some courts talk about “balancing” parental rights to keep and raise their own children with the “best interest” of a child. This does not mean a court tries to guarantee a positive outcome of child rearing. Instead, courts will try to look at whether the child is at any risk or danger from living with a particular person or in that person’s environment. For example, Arizona may or may not be better for your potential custody than California, since the states use two different legal standards in defining “best interests. Arizona defines ‘best interest’ as “health, safety, and/or protection of the child,” while California has a broader definition of “emotional ties and relationships between the child and his or her parents, siblings, family and household members, or other caregivers.”
One way to get acquainted with options in California is to study what model “parenting” plans exist: here is California’s approach, http://www.courts.ca.gov/selfhelp-custody.htm, which compares pretty similarly to Arizona http://www.azcourts.gov/portals /31/ parentingTime/PPWguidelines.pdf.
Nothing here indicates the mother will actually never regain custody of the kids. Keeping the kids together, safe, and in their accustomed family unit are three important parts of what a judge will generally (but not always) want to do. One other major issue will be whether other family members may also want custody. If the father has not harmed the children, or if the kids have spent significant amounts of time with other relatives (often, grandparents), they may be in the best position to ask for custody.
You will have a problem getting the kids transferred from Arizona courts to California’s. Here’s a survey of how Arizona CPS operates…including placement options (physical, legal, temporary custody): https://www.azdes. gov/InternetFiles/Pamphlets/pdf/PAC-518-PD.pdf.This reluctance to transfer jurisdiction may not apply if you somehow already have the kids, of course. Most states systems will simply not give up custody to another state’s jurisdiction (if the children are Native Americans, however, tribal child custody is unique). State courts properly view the children as vulnerable state citizens, to whom state officials owe a high duty.
Proving Your Suitability
To support a possible claim for custody, start getting evidence of your suitability as a role model.
There are definitely some things in your favor. State custody systems do have a way to evaluate and even prefer “extended” family arrangements. This usually is meant to cover grandparents, though. Are you willing to relocate to Arizona?
One obstacle to deal with is the (often unfounded) worry by CPS that a problem in one part of the extended daily (a biological parent) is likely to create two risks to the child. First, CPS caseworkers often assume that the same ‘type” of problem is present in the abusive parent’s extended family. Sometimes this is taken so far as to ignore whether the alleged problems that got CPS involved were on the paternal or maternal side. Second, CPS will watch to see if an extended family member is simply going to try to use their position as a guardian to keep the prior parental relationship going, regardless of what CPS thinks. By being aware of these attitudes, you will begin to prepare evidence of your stable work environment or career, have testimony from professionals and friends, and strong evidence of your skill and stability in caring for the children.
To begin, be sure you really are seeking intervention in terms of having “custody.” Decide exactly what kind of custody or living and care arrangement for the kids you really want and think is best. What are your long-term and short term goals regarding their upbringing? Do you think or have reason to believe your sister should permanently lose custody? How old are the children? If they are 12 or older, they will have something to say about their own choices.
Acting “sooner” is often a key, since (any) CPS tends to get into a position of defending the status quo. Wherever they place the child at first, CPS often has a vested interest in keeping the children there. So if you are eligible for low-cost legal aid, please contact a lawyer for a free consultation, immediately: http: //lawhelpca.org/. The first issue you’ll face gets us squarely into what both Arizona and California State agencies promise is at the heart of custody and parenting arrangement processes. This is often what CPS will describe as…
…Protecting the “Best Interests” of A Child
Some courts talk about “balancing” parental rights to keep and raise their own children with the “best interest” of a child. This does not mean a court tries to guarantee a positive outcome of child rearing. Instead, courts will try to look at whether the child is at any risk or danger from living with a particular person or in that person’s environment. For example, Arizona may or may not be better for your potential custody than California, since the states use two different legal standards in defining “best interests. Arizona defines ‘best interest’ as “health, safety, and/or protection of the child,” while California has a broader definition of “emotional ties and relationships between the child and his or her parents, siblings, family and household members, or other caregivers.”
One way to get acquainted with options in California is to study what model “parenting” plans exist: here is California’s approach, http://www.courts.ca.gov/selfhelp-custody.htm, which compares pretty similarly to Arizona http://www.azcourts.gov/portals /31/ parentingTime/PPWguidelines.pdf.
Nothing here indicates the mother will actually never regain custody of the kids. Keeping the kids together, safe, and in their accustomed family unit are three important parts of what a judge will generally (but not always) want to do. One other major issue will be whether other family members may also want custody. If the father has not harmed the children, or if the kids have spent significant amounts of time with other relatives (often, grandparents), they may be in the best position to ask for custody.
You will have a problem getting the kids transferred from Arizona courts to California’s. Here’s a survey of how Arizona CPS operates…including placement options (physical, legal, temporary custody): https://www.azdes. gov/InternetFiles/Pamphlets/pdf/PAC-518-PD.pdf.This reluctance to transfer jurisdiction may not apply if you somehow already have the kids, of course. Most states systems will simply not give up custody to another state’s jurisdiction (if the children are Native Americans, however, tribal child custody is unique). State courts properly view the children as vulnerable state citizens, to whom state officials owe a high duty.
Proving Your Suitability
To support a possible claim for custody, start getting evidence of your suitability as a role model.
There are definitely some things in your favor. State custody systems do have a way to evaluate and even prefer “extended” family arrangements. This usually is meant to cover grandparents, though. Are you willing to relocate to Arizona?
One obstacle to deal with is the (often unfounded) worry by CPS that a problem in one part of the extended daily (a biological parent) is likely to create two risks to the child. First, CPS caseworkers often assume that the same ‘type” of problem is present in the abusive parent’s extended family. Sometimes this is taken so far as to ignore whether the alleged problems that got CPS involved were on the paternal or maternal side. Second, CPS will watch to see if an extended family member is simply going to try to use their position as a guardian to keep the prior parental relationship going, regardless of what CPS thinks. By being aware of these attitudes, you will begin to prepare evidence of your stable work environment or career, have testimony from professionals and friends, and strong evidence of your skill and stability in caring for the children.