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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My grandchildren were taken out of their home feb29,2015 the

Customer Question

My grandchildren were taken out of their home feb29,2015 the parents just moved out of the town where all this started.does that generally mean parents gave up their [email protected] so does that mean the paternal grandmother gets to be given the opportunity to have the children?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I am sorry to hear of this situation for your grand children. The fact the parents have moved does not mean they have automatically relinquished their parental rights. However, the Children and Family Services may petition the court to have those rights terminated.

The family members, may apply to have the children placed in their home. And once the DCFS does a background check, they could be placed with the family member.

Any adult, related by blood or not, who plays a significant role in the life of a child or family and who may be considered for placement if a child has to be removed from the child’s home. Kinship Care The placement of a child in the home of the child's relative or in the home of another adult with whom the child or the child's parent already has a close emotional attachment. Kinship Care involves relatives and non-relative members extended, blended and other significant support persons caring for the child when the birth parent(s) cannot.

So the process for the Paternal Grandparent is to contact DCFS and let them know they are available and willing and able to take the children. It is a process, however, as I noted. But the same process of a background check and home environment check would also be court ordered, if the Grandparent were to Petition the Court for Guardianship. The court will not automatically release to anyone who has not yet passed a background check. Keep in mind, that most times, the courts will prefer family members over strangers.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you