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Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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The judge took my daughters prental rights awayfor her nine

Customer Question

The judge took my daughters prental rights awayfor her nine year old daughter whom i was seeking custody. The judge dismissed my case because I no longer exist. The CPS worker promised her that no matter what the outcome we would always get to see each other. That was a lie. The gal left alot of good things out and added negative words into my replies.She only told half truths. .What can I do if I don't exist?
Submitted: 6 months ago.
Category: Family Law
Expert:  Olivia Kent replied 6 months ago.
I'm sorry but what do you mean by "I no longer exist"??
Customer: replied 6 months ago.
That was what the judge said when she dismissed my custody case because I was no longer her grandmother.
Expert:  Olivia Kent replied 6 months ago.
I see, so because your daughter's parental rights were terminated you technically had no standing. Is that what you were told? You are still the grandmother, even if the parent's rights are terminated and you would still, in theory, be eligible to adopt the child if you wanted to try but it would be very helpful to have an attorney if you're able to afford one. It's not clear whether your granddaughter has been adopted, whether she's in foster care, etc. but the less "final" her situation, the more flexibility you have to petition the court for custody if that's something you chose to do. I hope that clarifies things...
Customer: replied 6 months ago.
Correct ,but I repeated it the same way the judge said it
Expert:  Olivia Kent replied 6 months ago.
It sounds like the judge probably stated that your cause of action doesnt exist not that you don't exist. Does that make sense?
Customer: replied 6 months ago.
She is in foster care and I am no longer allowed to talk on the phone to her and I am not allowed visits anymore. The judge said I no longer exist .
Expert:  Olivia Kent replied 6 months ago.
That was a really insensitive way to put it... but all he means is that you don't have "standing" - a legal term - to make decisions for her or even to communicate with her. You CAN, however, apply for guardianship of your granddaughter. Having a lawyer help you would be helpful, but it can be done without one. The family court should be able to provide you with a guardianship application. Generally CPS *prefers* placing children with family members rather than putting them in foster care. Does that make sense? I hope this helps. If you obtain a copy of the guardianship application (typically referred to as a Petition For Guardianship), I'd be happy to answer any questions you have about completing it... But the most important thing here is NOT to give up... Please let me know if you have any other questions or you need me to clarify anything. Please also submit a rating if you're satisfied with your assistance; this will not cost you anything extra and it's the only way we get credit for assisting you. And please don't feel like we have to stop talking after you submit a rating. I'd be more than happy to continue working with you after that as well.
Expert:  Olivia Kent replied 6 months ago.
Hello. I wanted to check in with you to make sure you had all of the information you wanted to obtain when you posted your question. Please let me know if you DO have all of the information you need; please also let me know if you have any questions or need additional clarification about anything.