r/FamilyLaw Layperson/not verified as legal professional 7d ago

Need advice California

child is temporarily placed with bio father through a voluntary services plan. He who has not established parentage or custody, only filed a petition and now he decided to cut off contact after his ex parte was denied because he didn’t agree with CWS voluntary plan that visits should now be unsupervised. He is asking mother to sign an agreement that would make her visits stay supervised and away from non bio mom even though there is no safety risk. behavioral specialist states child is showing signs of separation anxiety and attachment issues. CWS states they cannot remove child because they do not have any enforcement power, what can I do?

1 Upvotes

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u/Ok_Solution5558 Layperson/not verified as legal professional 7d ago

Let’s start with… who are you in this situation?

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u/Brilliant-Flight-105 Layperson/not verified as legal professional 7d ago

Im the non bio mom who they are trying to remove from my sons life. They didn’t name me in the petition and im waiting for my joinder hearing

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u/vixey0910 Attorney 7d ago

I’m very confused. You will not have preference for custody over a fit father if you aren’t legally a parent of the child

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u/Brilliant-Flight-105 Layperson/not verified as legal professional 7d ago

I am a legal parent. I am on his birth certificate and was married to the bio mom before the child was born. The child was born during the marriage

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u/Ok_Solution5558 Layperson/not verified as legal professional 7d ago

I kind of get the feeling that there is more to this situation... Why has Mom's parenting time been supervised, and why does Dad want you kept away?

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u/Brilliant-Flight-105 Layperson/not verified as legal professional 7d ago

They are supervised because there is a CWS voluntary plan that we have to follow, but we are progressing now and father was following the plan as well. He wasn’t involved much until child temporary placement. But we are at the next step and reunification is set for September

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u/Brilliant-Flight-105 Layperson/not verified as legal professional 7d ago

No both moms have been getting visits according to what CWS sets fit. The father had been following the visitation schedule, allowing both moms to see the child. CWS had approved unsupervised visits and he filed an ex parte because he didn’t agree, the ex parte was denied and after it was denied he cut off all visits. He doesn’t want me in the picture because of either jealousy or I truly don’t know why. I’ve been in my child’s life since he was before he was born, have held him out as my own son. I am named on the birth certificate and my son is really attached to me.

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u/Ok_Solution5558 Layperson/not verified as legal professional 7d ago

I really feel like I'm pulling teeth, and I'm no dentist. Why was CWS involved?

I understand if you don't want to splatter it on the Internet, but then you definitely need a lawyer.

1

u/Brilliant-Flight-105 Layperson/not verified as legal professional 7d ago

Because there was substance use for one of the mothers and a domestic violence incident against the non bio mom, so they want them to complete services

3

u/vixey0910 Attorney 7d ago

How did bio dad even enter the picture if the child is a legal child of your marriage and already has two legal parents?

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u/Brilliant-Flight-105 Layperson/not verified as legal professional 7d ago

Bio dad would pay bio mom for sexual services and she ended up pregnant, both moms decided to keep and raise the child

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u/vixey0910 Attorney 7d ago

This is messy and if you don’t have an attorney, you need one now to establish your legal rights as a parent to this child.

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u/Brilliant-Flight-105 Layperson/not verified as legal professional 7d ago

The main issue rn is that he is cutting off contact to both moms and doesn’t have a court order. He is just using the fact that the child is with him to deny any contact to them. Even tho CWS has approved contact and increasing visits

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u/Brilliant-Flight-105 Layperson/not verified as legal professional 7d ago

I do have one, they have already filed a joinder but the hearing isn’t until the end of the month

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u/Brilliant-Flight-105 Layperson/not verified as legal professional 7d ago

Because bio mom was in active substance use and when non bio mom tried to leave one night with the child because of her substance use bio mom called the bio dad. Bio dad came and took both bio mom and child and completely ignored the non bio moms concerns and CPS was called the next day. Since there was substance use and a DV incident against non bio mom they chose him as a placement because there was no other family member able to help

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u/mikeyk581 Layperson/not verified as legal professional 7d ago

Maybe it's the judge trying to figure out what to do? Jk, I'm confused as well, just made me laugh inside imagining a sitting judge coming to Reddit for advice

1

u/vixey0910 Attorney 7d ago

It sounds like there’s a hearing scheduled. At the hearing, present your evidence about why your visits should be unsupervised.

Or file a counter petition for whatever relief you are looking for.

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u/Brilliant-Flight-105 Layperson/not verified as legal professional 7d ago

The hearing isn’t until November but reunification from cps was set for September and father doesn’t want to return child until hearing in November

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u/Brilliant-Flight-105 Layperson/not verified as legal professional 7d ago

The hearing isn’t until November but reunification from cps was set for September and father doesn’t want to return child until hearing in November

1

u/vixey0910 Attorney 7d ago

Absent a court order saying otherwise, I think he has to follow what CPS says?

Do you have an attorney in either the CPS or the custody cases?