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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116709
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My grandson is currently in foster care. The mother got

Customer Question

My grandson is currently in foster care. The mother got herself in some legal issues and it looks like she may loose parental rights. My son was still in the picture continuing his visitations with extra days and hours added. Since my grandson has been with this foster family when my son gets him he has marks on his face, scratches and bruises and whenever he ask about them he doesn't always get an answer and the foster parents are not always there when the visitation lady picks him up and she doesnt know who the lady is or seems concerned. After my grandsons last visit last last Tues 4/10/16 he has not had one and no one will tell him why, not even his lawyer or worker. Nobody. Today he was to finally get to see his son and now they call and say he can not have his visit/visits indefinitely. So what can he/I do at this point.
JA: OK. The Family Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: West Virginia
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: When the child was taken he was with his mother in 2013. My son did not live with her at the time but he had court ordered visitation rights. I fought to get him in 2014 had his for a month because I took a phone call from my son so they came and got him, I had his for a month. Now I do need to say before all this happen my son and the mother got into an altercation and she filed paperwork as a domestic violence cast. He has since been to court for that and it was dismissed.
JA: 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.
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.
This is the issue with CPS and foster care. These CPS social workers are the most incompetent, negligent and abusive individuals you will find. They do not look after the welfare of the children, they look for the easy way out, even when a child is being abused as it appears here in foster care and it appears they are now trying to deny his rights based on him seeing the injuries and prevent him from complaining.
You need to seek to get a local attorney to represent both you and your son to seek to get his parental rights enforced and for you to seek family custody/guardianship over the child. Also, if you prove abuse occurring in the foster home, then you also can sue these child protection social workers for a civil rights violation for their gross negligence in failing to protect the child.
The only way to beat the incompetence of child protection is with a local attorney and attacking them in court for both your son's rights as well as you seeking family placement as custodian/guardian over the child.