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gadawgs67

grandparents getting custody

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My husband and I are wanting to get custody of our 2 grandsons,because, the oldest one (he's 5)tries to run away.He's gotten out of their apartment quite a few times. The last time he got out,he crossed a 4 lane hey.Thank God,he didn't get hit. My problem is,they live in another state. Something needs to be done about this yesterday. I love my daughter,but she's not taking care of those kids.

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Did you have a question?  Not sure what you expect folks to tell you.  You're free to contact a family law attorney who has a specialty focus on grandparent custody cases, but other than contacting the local child-family services agency (and one presumes the one incident you describe would draw the attention of someone in local and then state government), I don't see any reason for you to spend thousands or tens of thousands on a problem that doesn't demonstrate that you have any reason to believe a court would grant you guardianship/custody.

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Hi there,

 

If you feel the children are in immediate danger, you should contact Child Protective Services. When it comes to getting custody of your grandchildren, you will likely be facing an uphill battle. Grandparents do not have an automatic right to custody, and you'll have to prove the grandchildren's parents are unfit. You can read more about grandparents and custody here. If you have more questions, I suggest contacting a family law attorney in the state in which the grandchildren are located to discuss the situation in more detail. Good luck!

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Sorry, but the notion that you should seek to divest the children's parents of custody because a 5-year old occasionally gets out of the apartment and once ran into the street is more than a little absurd.  If, as you claim, you truly love your daughter, this should be the absolute last thing you should be looking to do.  Nevertheless, you're certainly free to contact the local child protective services authority and/or an attorney in the area where they live.

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I did contact an attorney, and grandparents do have rights. My question is, would I have to contact DHS where they live?

He's gotten out of there house more than once. Back in August, the kids had to stay with my daughter's dad for 3 months, because something happened.

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I did contact an attorney, and grandparents do have rights. My question is, would I have to contact DHS where they live?

 

What rights you’d have to seek custody depends on the law of the state in which the kids now live, and you have not mentioned the state. However, I can tell you that getting actual custody of the kids will be nearly impossible if the parents of the kids object unless the parents are first determined to be unfit and their parental rights terminated. That would effectively cut the parents out of the kids’ lives. Is that what you want? Do you think this is situation is that drastic that your daughter should lose her parental rights altogether? If you do, then contact the child protective agency in the state where the kids are now living and tell them what you know and see what happens. But bear in mind that taking kids away from their parents is the very last thing the state and the courts want to do. In general they’ll try a lot of other things to fix whatever the problems are in the family before removing them from the home permanently and terminating the parents’ rights. 

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The question becomes does CPS cut bio dad(s) out of

the picture or would CPS place the children with bio

father(s), assuming that he/they have an overall clean record,

he/they wants the child(ren) and has the space to house

his child, that he/they is not a registered sex offender and that

he/they isn't currently incarcerated. This also assumes that

your daughter knows both bio fathers full true names (she

apparently knows who one is),  who she had sex with and

where, if there are two bio dads, where the second bio dad

currently lives.

 

Grandparents have limited "rights" in various states

as granted by their state legislature, since a US

Supreme Court case.

 

 

Have you spoken with the applicable bio dad(s) about

this situation to get his/their perspective? 

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grandparents do have rights.

 

Everyone has rights.  However, grandparents have no legal rights as it relates to their grandchildren unless such rights are conferred by a court order.  A court order giving a grandparent rights regarding a grandchild against the parents' wishes effects a significant imposition on the parents' constitutional rights.  Accordingly, such orders are only granted in extremely limited circumstances.  See Troxel v. Granville, 530 U.S. 57 (2000) and its progeny.

 

 

 

My question is, would I have to contact DHS where they live?

 

I'm not sure why you'd think contacting the Department of Homeland Security would be appropriate.  As I said in my prior response, you'd want to "contact the local child protective services authority and/or an attorney in the area where they live."

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On 1/9/2015 at 4:08 AM, explorer13 said:

The question becomes does CPS cut bio dad(s) out of

the picture or would CPS place the children with bio

father(s), assuming that he/they have an overall clean record,

he/they wants the child(ren) and has the space to house

his child, that he/they is not a registered sex offender and that

he/they isn't currently incarcerated. This also assumes that

your daughter knows both bio fathers full true names (she

apparently knows who one is),  who she had sex with and

where, if there are two bio dads, where the second bio dad

currently lives.

 

Grandparents have limited "rights" in various states

as granted by their state legislature, since a US

Supreme Court case.

 

 

Have you spoken with the applicable bio dad(s) about

this situation to get his/their perspective? 

You state”assuming that bio dad(s) have clean records or if they are registered sex offenders”. Those are both mute points because as long as their crime a) was not an extremely violent or extreme drug related crime that makes them not have a clean record and that might make them a danger to the child(ren). Or b) in being a registered sex offender their offense was not against a child and they have not been ordered to not be around children then usually no judge unless they are being biased(which is against the law)will not allow a parent to have custody of their child(ren).

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On 6/22/2019 at 7:57 PM, libragirl71 said:

You state”assuming that bio dad(s) have clean records or if they are registered sex offenders”. Those are both mute points because as long as their crime a) was not an extremely violent or extreme drug related crime that makes them not have a clean record and that might make them a danger to the child(ren). Or b) in being a registered sex offender their offense was not against a child and they have not been ordered to not be around children then usually no judge unless they are being biased(which is against the law)will not allow a parent to have custody of their child(ren).

 

This thread is 4 1/2 years old.  I suspect the issue has long since resolved itself.

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