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There is a child that has lived with me her entire life but…

Customer Question
There is a child...

There is a child that has lived with me her entire life but i didnt have custody of her. She was took from her mother while she was visiting her for drugs. Dcs has placed her with her grandmother which she doesnt want to be there. Dcs want help me out any i just need advice on what i should do next to get custody of her and get her home.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in DC family court?

I have talked to a lawyer who said ahe couldnr do anything because dcs was involved, ive called the main dcs office in nashville who told me to contact the case worker. I did and he blew me off like nothing i said matter the child isnt suppose to be comtacting me because the grandmother doesnt want me to know anything but she has been through Snapchat. She just stays in her bedroom where she is shes very unhappy. I tried to get ahold of the juvenile clerk where she at but they wont be back in until Monday. The child is threatening to runaway.

Lawyer's Assistant: Family law varies by state. What state are you in?

Tennessee. This is the second time she has been took away from her mother over drugs. The first time i had custody of her but the court was never told she had lived with me her whole life and was returned to her mothers custody but continued to live with me.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Her mother has neglected her. Shes got a tooth that needs a root canal done for 3 years i would make the appointments but she would cancel them. Shes suppose to be going to therapy for her eyes but her mother wont take her because she doesnt want to pay the 40 dollars for the visit.. I just need advice on what i need to do.

Submitted: 3 months ago.Category: Family Law
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Answered in 17 minutes by:
3/27/2018
Family Lawyer: Sean K, Family Law Attorney replied 3 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 866
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry to hear that you are experiencing this issue. Several things. First, it is unlikely you will make much headway with the DCS caseworker. Once they have a family placement, they likely won't do much to move the placement.

I am also not sure why the attorney you spoke to told you that there was nothing that could be done. I believe there is. While it is not as simple as making a phone call or writing a letter or submitting a form, you are in the position of being a care provider for a child and have been for a good part of her life it sounds.

You would essentially need to retain an attorney who could bring the proper motion before the Court to attempt to make you a party to the DCS action if a Court case is pending. If not, the attorney, based on your prior involvement with the child, could bring a custody action on your behalf against the grandmother.

In Tennessee, the Court's look at the best interest of a child and that would be the avenue you would pursue. Do understand that, as I said above, it is not automatic, but the procedure would be as I have set out.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Family Lawyer: Sean K, Family Law Attorney replied 3 months ago

I wanted to reach out and see if there was any additional follow up I could provide. 5 star ratings are always appreciated

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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