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Recent Juvenile Court questions

A story short, my son has raised my grandson since birth.

A long story short, my son has raised my grandson since birth. The biological mother was in and out of the child's life with greater than 6 months before attempting to see my grandson. My son decided to fight for custody. During this time, we found out the mother had been receiving child support from another guy. The courts stated the mother wasn't unfit but gave my son the parents visitation rights. The mother never came to get my grandson so we continued to raise him. This past April, the mother signed POA papers to the alleged paternal grandmother, but we still had our visitations. The paternal grandmother gave the child to his biological mother while collecting benefits. And the biological mother gave him back to my son. This week the biological mother asked if I could be the legal guardian to my grandson and his sister. However, children service has taken both kids doing an ex parte. They said the mother is unfit.... Which we knew, and the paternal grandmother isn't fit at this time. Both kids are in children service custody at a foster home. We've been fighting over 2 years for custody of my grandson with expensive lawyer fees, transcripts, and multiple appeals. We received a few weeks ago that the appellate court agree with the juvenile court stating the biological mother isn't unfit. However ; here we are with the children taken away because the mother is unfit. The alleged biological father signed the birth certificate, however he wants nothing to do with the child and according to the courts he is an uninvolved parent. Since we found out about them, all court documents was sent to them. They never attended any court hearings until this ex parte. They did not want to be involved with the child. Now the paternal grandmother states she wants to take my grandson and quit her job as a housekeeper so that she can collect benefits. My grandson had no idea who they were when she took the police with her to his school and took him because she had the POA papers. None of these ppl were involved in my grandson's life until April 2016. My son is the only person that can visit my grandson. At the ex parte, the magistrate said that we were non relatives and she didn't want to here from us. The mother has warrants and said she was going to turn herself in but is currently on Facebook laughing and living her life while her children is in a foster home. My grandson has a loving family, has traveled to many states including going to Disney World. He has has in own room at his house with his dad and at our house. I'm a physical therapist for almost 8 years, my husband that we've been married almost 25 years is an insurance claims manager, and our son which is the only father my grandson knows has a full time job at a factory and has taken great care of my grandson since birth because the biological mother didn't want to take him home from the hospital. We have Dr notes daycare and school notes, and all kinds of witnesses that reports our son is the only parent in my grandson's life. We don't want any benefits and these ppl that has recently entered into my grandson's life only wants benefits. We truly dont know what to do. We've spent almost $10k on courts, attorney fees, etc and have used retirement funds to help with the case. We're truly at a loss and don't know where to go or what to do. Hopefully I was able to describe what has happened, but willing to answer any questions. Thank you so much for your time. Kimberly Wills

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Law Educator, Esq.

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If CPS is holding a case against you and it's been over 6

If CPS is holding a case against you and it's been over 6 months and you've only had the first drug test come out dirty how long until they have to give you custody back I have sole custody of the child in the court papers it says that she must complete a course and have supervised visitation if she wants to see him this is a legal document my husband and I are getting a divorce and it's not nice he has he has temporary custody of Adam until the CPS thing is over and he is taking him to see his mother 5 days of week I am out of my mind I've reported it to CPS and they said they no longer think that it is a legal document how the hell that can be said I don't know it's a legal document there's no expiration on it he is very mentally and verbally abusive she is a nightmare

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AttyHeather

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I had a child support hearing the last week of May in Ohio.

I had a child support hearing the last week of May in Ohio. The juvenile court judge in Hamilton County stated that he would make a ruling by 6/29/016. A ruling still hasn't been made. Do I have any recourse at this time to compel the court to issue the ruling? Is here a period of time I would have to wait before it is an issue? What could be the reason that it takes this long to rule? Do I have any options?

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Lucy, Esq.

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I have a question about protective order. My wife obtained

I have a question about protective order. My wife obtained protective order against me. My two children 13 are 14 are not included, but the juvenile court gave her sole temporary custody. Children stay with me all summer and their mother is threatening them when ever they go visit her for a day or two. Also I have prove that she attacked me previously, and my children saw it and can conform. In addition, there was an incident when she came to my home without my permission, asked my children to open the door and my daughter did, she came in when I was at work. Can I file protective order against her????

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AttyHeather

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I live in Tennessee and recently I spanked my son who was

I live in Tennessee and recently I spanked my son who was staying with me and spanked his brother who lives with me. My son from my ex had a mark which turned to a bruise. He was spanked after my son who lives with me and I never spank normally. It's an end all nothing else has worked kind of deal. My ex called the police once he was home after I had gotten permission to spank him and she agreed because she is very worried that he will be involved in juvenile court because if his behaviour. I informed here after the spanking that I do not want to spank him ever again and that he had a red mark because he was squirming around and the tip of my belt hit his upper hip. Well it turned to a bruise and she had cps involved. We live in two different counties and so Hamilton county cps worker came out and talked to my wife now and I and our children and we were very open and explained everything and the behaviour s leading up to the spabkings and they were completely satisfied and had no problem with the whole situation. Butt I just got a call from the case worker handling my ex wife's side and she wants me to meet her at cps in a county that I do not live in and said. Quote I would like to meet with you and discuss the significant size bruise and how we are going to handle this situation. I feel she already wants to cause a problem regardless of no marks on my older son and being told by Hamilton county cps I did nothing wrong and they have closed their end after talking with all of us. What should I do. Do I have to meet with her and what should I say or not say or do...

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FamilyAnswer

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Can CPS entry and reportfrom entry be excluded from Juvenile

Can CPS entry and reportfrom entry be excluded from Juvenile Court proceedings where entry was not consentual nor did CPS have a search warrant in the following situation?Sheriff serves search warrant & enters home on that authority. Arrests mother & father for possession of over 10 pounds of marijuana. Finds 2 year old child and calls in CPS who was not ordered to appear at the home in the criminal search warrant. CPS enters at Sheriff request and takes toddler.Can CPS elegally enter at Sheriff request or can that be excluded or suppressed in Juvenile Court?

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JD 1992

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I live in Texas ans my 17.5 yr old is making plans to move

Hi I live in Texas ans my 17.5 yr old is making plans to move out. As the Parent what can we do or what can we be held liable for if we are unable to resolve this issue and they go forward with these plans?

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AttyHeather

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My brother and I were raised in care and we were always

My brother and I were raised in foster care and we were always under the assumption that we were half-brothers (same mother). I recently read some old court documents that listed my brother's father as the 'natural father' of both of us. Is the legal term 'natural father' the same as biological father or is the term used more loosely? Could this guy be my biological father?

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

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I'm 16 years old, 17 on August 29th, in South Carolina. My

Hi, I'm 16 years old, 17 on August 29th, in South Carolina. My mother took in my boyfriend in early August of 2015, when I was still 15. She cared for him, being that at the time he had nowhere to go. She has just recently kicked him out. But I am pregnant. I want to be with the father of my baby, for him to help support me and the baby and so that my baby has both parents, not just one at a time, but my mother won't let me see him at all. I have wanted to go up and visit his family but I cannot because of my mom, and I don't want to do it behind her back, partially because of legal consequences, if there is any. I have read that it is not an offense to "run away" persay at 17 in SC, and that police cannot bring me home, but she can file a lawsuit against his family for harboring a minor? I want to be with him, because I'm looking out for the baby to have both parents, and I love him of course and don't want to be separated. How can I legally get my mom to let me live with him and his dad and sisters? They have an extra bedroom, and at my house, there is 2 bedrooms for me and 3 other kids. The 3 other kids share one bedroom with one twin bed they all sleep on. I cannot raise a baby by myself there in such a crowded space, and at his dad's I have a guy who will support me, his family will also support me, and we have our own room there. I just want to know what I can legally do when I turn 17. If I can go to his dad's house, without having to necessarily come back to my moms house? Or if I can marry him, his parents would approve, my mom I'm not too sure. Please help, I need to know what I can do!JA: Because family law varies from place to place, can you tell me what state this is in?Customer: SCJA: Have you consulted a lawyer yet?Customer: NoJA: Is there anything else the Family Lawyer should be aware of?Customer: NoJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.

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Law Educator, Esq.

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