I have a temporary restraining order on me with no visitation. My daughter was take in by cps after her mother was deemed mentally unstable ...

Question

I have a temporary restraining order on me with no visitation. My daughter was take in by cps after her mother was deemed mentally unstable by the sheriffs department. Now she is in the care of my parents and I would like to have custody of her so to I can be with her and tend to her needs. How do i petition for removal or temporary removal of TRO and my court day is 4 days away?

Answer

First, you need to consult with a family law attorney as soon as possible. You need to file a response to the TRO (you do not state who filed it). You will also need to contact CPS and determine whether your daughter has (a) simply been placed in her paternal grandparents' care or (b) if she has been made a ward of the juvenile court.

In either event, you as the biological father should be allowed to petition for custody and visitation rights. A couple of things to consider: (a) where are you with respect to any child support payments; (b) are you in a position to house and actually care for your daughter (i.e. do you have your own home or apartment, do you have any unresolved issues with drugs or alcohol or your own mental health issues, etc.); (c) are you prepared to engage in a supervised reunification process?

Since the child is in the care of your parents, provided you have a positive relationship with them, you should be able to at least establish an informal visitation arrangement which with time may result in full custody, Unfortunately there is no way to fully advise you without your meeting with a family law attorney and providing them with solid answers to the questions I have identified in this response.