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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115464
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My 2 year old grandaughter was given to her father due to the

Customer Question

My 2 year old grandaughter was given to her father due to the fact my daughter was not given time to obtain her own attorney. DCF has been involved in this case & did not help with their attorney. My grandaughter is in danger & I have expressed my concerns because the father is an abusive drug addict & a chronic liar. I would like the judge to overturn his decision because he had no info on the background of the father. At this point my grandaughter should not be with either of her parents & I want her with me where she will be safe and loved.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that the judge, the father's attorney or senators cannot do anything in response to your letters. Letters cannot be officially considered by the court in the case.
What you have to do is file a petition for custody and you have to serve the father's attorney and you have to serve CPS a copy and you have to take the matter to court to prove that the father is unfit to raise the child. Under the US Supreme Court ruling, a parent has a constitutional right to raise their child unless the parent is proven by clear and convincing evidence to be unfit. See: Troxel v. Granville, 530 U.S. 57 (2000).
You will need to put your evidence together and you will need to consider getting an attorney yourself to pursue this on your behalf, but sending letters I am afraid is not how to resolve the matter. If you are concerned, you have to file a petition in court to seek custody based on the parents being unfit.