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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16288
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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My daughter lost custody of her two daughters one year and

Customer Question

My daughter lost custody of her two daughters one year and nine months ago in Nebraska for methamphetamine usuage. She has since been to treatment four times and landed herself in County jail for possession of meth and is on drug court now. She has been in jail four months sober and is being moved long term treatment 4 to 6 months for co occurring mental health and drug addiction. They diagnosed her with bipolar 1. As her mother it breaks my heart that she rarely sees her daughters because she has no visitation rights or anything and I fear if she don't act soon the state may look at it as anandonment. My question is can she get court ordered supervised visits for the treatment center and how much would an attorney charge to set this up? I am not trying to seek custody of any sort just court ordered visitation rights. Do you have any answers or suggestions for her ?
Submitted: 9 months ago.
Category: Family Law
Expert:  Legalease replied 9 months ago.

Hello there --

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While there are no guarantees and the best she might be able to get is an hour or two of supervised visitation here and there, there is no harm in her applying to the court for visitation rights to her children while she is in the treatment center (the law states that all of this is within the discretion of the judge so your daughter will have to make a positive impression on the court when she applies for visitation rights). In order to do this, you can get the Motion for visitation paperwork from the family court in the county where her children's case is being administered by the dept of children's services (either she or you should have been notified regarding what court the DCS is using to handle your daughters case -- typically it is the county where they lived before the children were removed from her). Usually the forms are straightforward, and you may be able to complete it or help your daughter complete it and get it filed with the court without using an attorney, but if it seems to be that it is too much for her to do this on her own then an attorney may be the better choice here (the attorney will also have a better idea of what evidence to give to the court to show that your daughter now deserves visitation rights again). An attorney will most likely cost somewhere in the two thousand to four thousand dollars range but they will generally let you make a downpayment and then payments arrangements until the bill is paid off.

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MARY

Customer: replied 9 months ago.
Their is no department of child services involved here .Her X husband moved it out of juvenile court and it is in adult court . He has full legal custody now and lives with his mother with them. Also is she endanger of losing all rights for abandonment?