grandchild - Family Law Issues

#21 (permalink)

04-13-2009, 03:51 PM

butterflybaby butterflybaby is offline

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Best Interest for Grandchildren

I am in the same situation that you are in. I have a 6 yr. old Grandson and he has been with me since he was 18 months old, I have taken him from the Mother and the Courts give him back every time. He is with me now, cause if I hadn't taken him, she (the Mother) was gonna put him in a Mental Institute, cause she could not handle him, since I have had him he is about to go to the 2nd Grade and he has done Wonderful since he has been here, and now she is wanting him back and I am just really distroyed cause I know he will be right back in the same situation that he was in before and I am sitting on the side lines cause i really don't know what to do about all of this. Thank-You and If you would like to talk seind me a e-mail. sunshine3562@yahoo.com

Quote:

Originally Posted by dorlene

need to know what to do in the case of my 2 grandchildren that i supported an raised for 3 and half years an one for year an half mother took them back to alabama and is living in a house with no running water for over 3 months baby was hospitalized for 4 days for a cut he got on his leg that turned into a very important issue with a bad bacteria infecti0n the mother is living with her mother she does drugs towana thats mothers name is using also but don;t know how to prove it my which lives with me is the father of the children they both carry his last name he says to me he is supporting those kids he send her 5 to 7 hundred dollars a month and she has not signed the kids up for their medical and she has not carried the baby for his shots cause she does not have time what should i do as a grand parent that always provided them all with a home took special time with the kids an they are not n
ow getting the proper love an support they need please help me in minnesota
my email is lalabug2007@yahoo.com

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#22 (permalink)

06-17-2009, 08:43 AM

dar

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Join Date: Jun 2009

Posts: 5

Need Advice on legal issues?

Hello, My name is dar. I am 48 years old.

Having troubles getting person and phone vistiation from an agency in MO. I have 7 grandchildren but, there are only 4 in the care of MBCH in MO.

I would like all the information I can get about getting the information I had just said.

Thanks for accepting me.

dar

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#23 (permalink)

06-17-2009, 11:55 AM

GentleGrace GentleGrace is offline

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Join Date: Nov 2006

Posts: 3,503

Quote:

Originally Posted by butterflybaby

I am in the same situation that you are in. I have a 6 yr. old Grandson and he has been with me since he was 18 months old, I have taken him from the Mother and the Courts give him back every time. He is with me now, cause if I hadn't taken him, she (the Mother) was gonna put him in a Mental Institute, cause she could not handle him, since I have had him he is about to go to the 2nd Grade and he has done Wonderful since he has been here, and now she is wanting him back and I am just really distroyed cause I know he will be right back in the same situation that he was in before and I am sitting on the side lines cause i really don't know what to do about all of this. Thank-You and If you would like to talk seind me a e-mail. sunshine3562@yahoo.com

To the two posters in this thread---it is helpful to start your own thread because often these older threads get overlooked.

To this poster, if the courts are giving the child to the mother, you need to be careful "taking" the children away without any legal right to do so. Of course, as grandmother you feel a moral obligation and right, but that is not the same as having the permission of a court to do so. I would be very careful engaging in this type of activity---it could get you charged with kidnapping unless you have the legal right as well.

Good luck.

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#24 (permalink)

06-17-2009, 11:59 AM

GentleGrace GentleGrace is offline

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Posts: 3,503

Quote:

Originally Posted by dar

Hello, My name is dar. I am 48 years old.

Having troubles getting person and phone vistiation from an agency in MO. I have 7 grandchildren but, there are only 4 in the care of MBCH in MO.

I would like all the information I can get about getting the information I had just said.

Thanks for accepting me.

dar

Perhaps this information will help:

Missouri Grandparents' Rights
Missouri law supports contact between grandparent and grandchild while attempting to encourage parents to resolve family disputes without court intervention. In an attempt to balance these two interests Missouri law permits grandparent visitation only in limited situations. There is no guaranteed right for a grandparent to have visitation with a grandchild.

The court may grant reasonable visitation rights to grandparents under the following circumstances:

1. The parents of the child have filed for divorce. Grandparents have the right to intervene solely on the issue of visitation rights. Grandparents also have the right to file a motion to modify the original divorce decree to seek visitation rights;

2. One parent of the child is deceased and the surviving parent denies the grandparent reasonable visitation rights;

3. The child has resided in the grandparent’s home for at least 6 months within the 24 month period immediately preceding the filing of the petition for grandparent rights;

4. The grandparent has been unreasonably denied visitation with the child for more than 90 days, unless the natural parents are legally married to each other and are living together with the child. In that case, the grandparent may not file for visitation. (The Missouri court reasons that when the parents are married and living together with the child, the parents know what is in the best interest of their child. See Missouri Revised Statute 452.402.02) ;

5. The child is adopted by a stepparent, another grandparent or other blood relative.
(See Missouri Revised statute 452.402.1)

The court will grant grandparent visitation only if it is in the grandchild’s best interest. A court will deny grandparent visitation if the visits will endanger the child’s physical health or impair the child’s emotional development.

The court may employ various methods to assist it in determining what is in the child’s best interest.

· First, the court may order a home study. A home study is an investigation performed by a court appointed investigator. The investigator may consult with anyone with information about the child and that child’s living arrangements to determine if the grandparent visits are in the best interest of the child. The investigator prepares a report for the court based on the information found.

· Second, the court may appoint a guardian ad litem to help determine the best interest of the child. A guardian ad litem is a licensed Missouri attorney appointed by the court to represent the interest of the child in this particular litigation. The guardian ad litem may participate in the grandparent visitation proceedings as though he or she were a party to the action.

· Third, the court may, in its discretion, consult with the child regarding the child’s wishes to determine the best interest of the child. (See Missouri Revised Statute 452.402.3, 452.402.4 and 452.402.5)

Both the maternal and paternal grandparents may seek grandparent visitation. The grandparents may seek visitation even if the parents are not presently married or have never been married. (See Missouri Revised Statute 452.402.1(1); In the Matter of C.F.R., 796 S.W.2d 423 (Missouri Appeals Southern Division).

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#25 (permalink)

06-20-2009, 12:37 PM

dar

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Join Date: Jun 2009

Posts: 5

Four Grandchildren

Thanks for listing the grandparents rights from MO.
The parents lives and are married.
The parents have not seen their four children in almost 3 months.
Why is this any different for us the grandparents to see the grandchildren.
The MBCH is using the discrimination against me and I had a homestudy done from the ICPC worker I had passed. The counslor that the four kids are seeing had put one of the children in an institution. But they will not give the parents a diagonsis yet.

dar

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#26 (permalink)

06-20-2009, 12:42 PM

dar

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Join Date: Jun 2009

Posts: 5

Agencey

What if the agency has the grandchildren and the parents are trying to get them. What is this grandparent rights regarding for the MBCH. How would I get into the legal rights of the MBCH even though daughter said I can have tempary kin-guardianship.

Dar

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#27 (permalink)

06-21-2009, 07:06 PM

GentleGrace GentleGrace is offline

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Join Date: Nov 2006

Posts: 3,503

Quote:

Originally Posted by dar

What if the agency has the grandchildren and the parents are trying to get them. What is this grandparent rights regarding for the MBCH. How would I get into the legal rights of the MBCH even though daughter said I can have tempary kin-guardianship.

Dar

The daughter doesn't have any legal RIGHT to say you can have guardianship if they are wards of the state.

Many times DSS considers grandparents for child placement. Why they are not or have not considered you or accepted your interest is not something anyone here on a message board could predict. At times it is just the system and being caught up in it.
I would ask a lawyer in your area. Many have low cost or free consultations.

Good luck.

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#28 (permalink)

06-28-2009, 02:45 PM

dar

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Join Date: Jun 2009

Posts: 5

Discrimination

I did get denied from the DCFS. I also, have written proof that the ICPC worker and the home study counseling is discriminating me by using my health. I looked it up on the internet and yes, it is discriminating. I would like to know if I can also do this by myself for me to be my own attorney with no experience at all. Because I can not pay that kind of money the atterney's wants.

dar

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#29 (permalink)

06-28-2009, 02:52 PM

GentleGrace GentleGrace is offline

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Join Date: Nov 2006

Posts: 3,503

Quote:

Originally Posted by dar

I did get denied from the DCFS. I also, have written proof that the ICPC worker and the home study counseling is discriminating me by using my health. I looked it up on the internet and yes, it is discriminating. I would like to know if I can also do this by myself for me to be my own attorney with no experience at all. Because I can not pay that kind of money the atterney's wants.

dar

If the person petitioning the court has to meet certain criteria as far as their health goes, and if you unfortunately do not meet the health requirements, then you are not being discriminated against. What did you read online that said you were being discriminated against? Link me to it and perhaps I can read it and explain.

Nothing requires you to be represented by an attorney.

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#30 (permalink)

07-01-2009, 05:04 AM

dar

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Join Date: Jun 2009

Posts: 5

Dcfs

The website is Arkansas Foster Family Services. Thank you for helping me on this. I had been looking for attorney to ask questions. But no reply yet.

Dar

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