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Elizabeth Powell
Elizabeth Powell, Family Law Attorney
Category: Family Law
Satisfied Customers: 127
Experience:  Washington State
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As a grandparent, I could no longer have my ...

Customer Question

As a grandparent, I could no longer have my grandson live at my home because he has made serious accusations about his mother, my daughter. Because my wife and I do not believe him, it has been very stressfull for us. The CPS is reviewing the accusations, however no decission. Is their a legal obligation to me for turning him over to his social worker? neither he or I or social worker could find a place for him. I was a caretaker for him to be enrolled in school only. His mother gave me the caretaker paper. He has been with a place called Storefront and a child advocate called to say that Tuesday is a court date to discuss Jacob. Do we need to attend? and what are our rights? the sherrif''s dpt is envolved. I want to leave town to go to be with my daughter. Am I, or my wife obligated to attend this court date?
Submitted: 9 years ago.
Category: Family Law
Expert:  Elizabeth Powell replied 9 years ago.


Sounds as though the state is moving to terminate your daughter's parental rights. This is as bad as it sounds. CPS doesn't make decisions like this, they ask a court to decide. If I were in your shoes I would be figuring out whether your state provides a public defender to parents in dependency cases, or if you want to help pay for your daughter's lawyer.

Dependencies are best addressed by a criminal defense attorney who has handled dependencies before.

A "caretaker paper" doesn't have the same effect as a third party custody order where a court orders that the child be in your custody. You really don't have anything.

I would strongly recommend that if you do not want your grandson in foster care that you show up for this hearing. Unless you have been served with a summons and complaint you are not required to attend, but the Court will think you are not interested in what happens if you don't show up. So sorry to hear this is happening to you. Hope this helps, and I hope this all turns out all right. XXXXX XXXXX

Elizabeth Powell and 2 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
thank you