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klh8991 · Jun 23, 2011, 06:39 PM

Hey all. I have posted on here before about my situation. In short my other son's mother has kept him from me, and I am not on the birth certificate therefore have no rights. I have not talked to her in a while and just now found out what all is going on. He is staying with his grandfather and my son's mother is living with her boyfriend. CPS has notified me about a case against her in which they have been searching for her and my son for about a month due to many complaints against her and drug usuage and child neglect. What I am wondering is, will CPS notifiy me when they find my son, even though I'm not on the birth certificate, and will they be able to take him from the grandfather's house? Also what has to happen for me to get on the birth certifcate after they have him in custody?

Fr_Chuck · Jun 23, 2011, 07:22 PM

Being on or not being on the birth certificate does not give you the rights, if on the birth certificate, you are just able to claim them.

So you merely move for visits, for custody or some other motion in court, prove you are the parent by DNA test and have all the rights just like on birth certificate

AK lawyer · Jun 23, 2011, 07:50 PM

Originally Posted by klh8991

... What I am wondering is, will CPS notifiy me when they find my son, even though i'm not on the birth certificate, ...

How would they know who you are?

Originally Posted by klh8991

... Also what has to happen for me to get on the birth certifcate after they have him in custody?

No need to wait until then. Check with your state's vital statistics office. Generally it can be as simple as filing an affidavit of paternity.

klh8991 · Jun 24, 2011, 11:16 AM

AK Lawyer,

They know me because I called to confirm that they had a case against her and that no one was listed on the birth certificate besides his mother. They agreed to keep me in contact with them. (This is a very small town in Texas). I received word today that they know where he is at and is not with his mother. Would CPS be able to help me get the paternity test or do I need a lawyer for this?

AK lawyer · Jun 24, 2011, 11:30 AM

Originally Posted by klh8991

... Would CPS be able to help me get the paternity test or do I need a lawyer for this??

CPS will probably tell you what you need to do, including whether you need a paternity test for them to be able to recognize you as the father.

This seems to suggest that you probably will need a court order to change the BC, and if so you should have an attorney.

klh8991 · Jun 24, 2011, 12:06 PM

Thank you AK Lawyer. Also what do you know what I should expect after the DNA test results come back? Will CPS need to investigate my home?

AK lawyer · Jun 24, 2011, 12:26 PM

Originally Posted by klh8991

Thank you AK Lawyer. Also what do you know what I should expect after the DNA test results come back? Will CPS need to investigate my home?

You're welcome. I don't know if they will want to investigate your home. It's not a foster-home placement, or an adoption, but they may nevertheless want to.

It's a tricky situation. It might be that they would feel the boy is in an OK situation with his grandfather and therefore not want to rock the boat by changing things. On the other hand, parents are preferred (by the courts) over grandparents. I don't know how this may play out. Another reason why you should have an attorney in your corner.

klh8991 · Jun 24, 2011, 05:16 PM

Here's an update.. I have gotten ahold of attorney there in the town. We have a over the phone meeting on Monday (06-27) and he will be sending me stuff I need to get started and I will hire him. He's a family lawyer and said he has worked with CPS many times. Now that my son's mother has already been proven unfit (by CPS) and is no where to be found, he thinks that he can get him to me sooner. Thank you all for you advice. I'm very excited to have my other son here with me to know that he is taken care of, loved, and safe. Thanks again.

ScottGem · Jun 24, 2011, 05:21 PM

Good luck and keep us posted.

klh8991 · Jun 24, 2011, 08:07 PM

I sure will.

klh8991 · Jul 2, 2011, 11:42 PM

Hey everyone.. Nothing has really happened. They found where the baby is.. (CPS) and every since then they have changed the case to CLASSFIED... Does anyone know what this means? Will they contact me later? I called everday last week even stating that I would come and pay for a paternity test. All I know is that the baby was with the maternal grandparent's and that the baby's mother contacted the day before CPS was coming and said that if they try to take him that she wanted to sign her right over to me... Which I think is a little to late considering CPS is involved. I have talked to a lawyer and he said to wait until I hear back from CPS, but I can't help but worry that they aren't ever going to call me back and that the grandparents who had him at the time are trying to get custody of him... They just got him apparently. Does anyone know what should I expect? Should I continue to wait or try and pust with the lawyer? Also, does it matter what I say that I am the father? Shouldn't they want to contact me and get me down there for the paternity test and whatever they have me do? Help..

ScottGem · Jul 3, 2011, 06:13 AM

If the baby is with the maternal grandparents, then you need to make a move. The first step is to talk to the case worker and find out what your status is. But I think you will need to file for for custody to forestall any attempt on the grandparents part to obtain custody. I don't think you can sit tight here.

Fr_Chuck · Jul 3, 2011, 06:44 AM

Yes, I don't see anywhere that you filed a motion in a court to even show interest, merely telephone calls do little,

JudyKayTee · Jul 3, 2011, 06:51 AM

In the eyes of the law you are a stranger to the child. In NY (at least) you need to file a Petition to prove paternity and then file for custody/visitation/whatever you are seeking.

The Court will determine who is best equipped to raise the child at this point.