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My grandson was taken from my home. My daughter & my

Customer Question
My grandson was taken...

My grandson was taken from my home. My daughter & my grandsons daddy are not married. They are both addicts & social services stepped in & now my grandson is with the daddy's sister. The only reason he was taken from my place is because the dad supposedly was sober at the time & requested that his son go with his sister because he didn't think I would let him see his son. Now , I have a hard time even getting ahold of his sister so I can & my family can visit with him or even have over nights. Is there anything I can do? My grandson cried cause he didn't want to leave me & go to his aunts because she has two little children of her own. My grandson will be 6 in June & his cousins are 5 & 2. The mother is 25 yrs. old It's a very sad situation. I practically brought my grandson up & was just taken away from me.

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

No, social services had a court hearing to have my grandson stay with the aunt for 6mos. I believe . Social Services here said we could write a letter to the judge for what we thought would be in my grandsons best interest & I don't believe he even got the letters. The Social worker told us we had to turn them into to her first at least a week before court & I never even got to go into the courtroom! got to

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No

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

I live in North Dakota & apparently we do not have grandparents rights but, why would it be right for my daughters ex boyfriends sister have the right to my grandson when he is still using drugs but, is going to treatment tomorrow & I signed a committal on my daughter & hopefully she will be going for treatment as soon as she is picked up.

Submitted: 2 months ago.Category: Family Law
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Customer reply replied 2 months ago
I have asked several times if I could have my grandson over but there seems to be a problem every time I ask. My family would also like to see him but, if they want to see him they have to go to the aunts house or she will take him to the park or someplace where they can visit. The problem here is that he gets to go with her family and even have over nights! He stayed with me a few times since he was taken away and when I ask if he can stay overnight, his aunt and also the case worker thinks it's too much!! The caseworker is 21yrs. old and I have really a hard time communicating with her and seems to be partial to the other side. My family will also verify that.
Answered in 10 hours by:
5/31/2018
Family Lawyer: fiftyshadesoflaw, Family Law Attorney replied 2 months ago
fiftyshadesoflaw
fiftyshadesoflaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 132
Experience: Atttorney at Law Office
Verified

Hello,

I am a licensed attorney and I will try to help you with your issue. I am sorry you are going through this. It is extremely hard when your CPS is involved and parents do not agree on where a child is placed. Please answer this follow up so I can better assist you. Has you daughter given permission to the agency for the child to remain with you? I know the father picked the aunt it was not clear what your daughter wants? When you say you practically raised your grandchild has he previously lived with you? If so for how long?

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Customer reply replied 2 months ago
My daughter had no say so for my grandsons placement. My daughter has been dealing with a problem with drugs for some time now. When she was placed in a treatment center back 5 1/2 yrs. ago I took care of my grandson then. After she came out of treatment, she worked in a nursing home for over 3 years & my grandson was with me every day she worked & most of the time on her days off. About 3 yrs ago, my daughter started using drugs again and my grandsons aunt ( the dads sister) took him out of her home without my daughters permission and kept him with the dad. He was also using drugs and back about a month and a half ago, both my daughter and my grandsons daddy were arrested and incarcerated. Social services are handling my grandsons case and the dad wanted his son placed with his sister. They were both to go to outpatient treatment but, as a result wasn't working for them and now my daughter is on her way to get evaluated and my grandsons dad told me he was going to inpatient treatment in another town this morning. It is so complicated as this has been going on shortly after my grandson was born. I would like to know why would it be ok for the aunt to have my grandson, when he is my daughters child?
Family Lawyer: fiftyshadesoflaw, Family Law Attorney replied 2 months ago

Hello,

Thanks for answering that question. The took you daughters child because the father exercised his rights to plan for her care. Since on or both parents are unavailable the state had to make a decision on who would care for the child. It is not always a fair decision. If parents do not agree sometimes the cps agency will side with the parents and relative they want and call it "the best interest of the child". This may not be the case if a Judge did not see both sides and decide. I know you say your daughter has "no say so" but legally that is not correct under the law unless she signed a paper relinquishing her parental rights or the child was adopted. Based on what you have stated that is not the case. Under the constitution the mother and father has equal rights to decide on parenting of a child unless a prior court order took those rights away. If your daughter wants you to have visitation or custody of this child she need to try to assert her rights to support you. In your state after doing research grandparents can have visitation rights.

In North Dakota, grandparents, including great-grandparents, may be granted “reasonable visitation rights” if the court finds that visitation would be in the best interests of the child and would not interfere with the parent-child relationship.

The court is directed to consider the amount of personal contact that has occurred between the grandparents or great-grandparents and the child and the child’s parents. In North Dakota, making every effort to foster a positive relationship with their grandchildren and the parents of their grandchildren would be beneficial for grandparents. You may ask the district court to give you the right to reasonable visitation with your grandchildren. You can ask for this while the parents are in the process of getting divorced or after the divorce has been granted. The court will consider the amount of personal contact you have had with the children and with their parents prior to your application. The court may order a home study and may talk with the children to determine their wishes. If the court allows visitation, it may place reasonable conditions or restrictions on the visits. The court also may issue orders necessary to enforce your rights. Here you may need to file a motion to intervene in the case. A CPS is confidential so unless you are a party or have been granted access some other way you can not go in the courtroom. If you file a motion the court may take your request more serious and actually listen to your evidence as to why you should be granted at minimum visitation. Here is the type of evidence you would have to show to have a chance at the court granted your request. That is why i asked you about your past history of caring for the child. If the mother consents to your motion to intervene then you may have an even stronger case to support your request. She can exercise her rights to make a decision for her child even if that child is not in her care under the law.

  • the child’s emotional ties with the parents and grandparents
  • the parents’ ability to properly care for the child
  • the child’s developmental needs
  • the mental and physical health of everyone involved, including the parents, grandparents, and anyone else who may have requested custody or visitation
  • the child’s preferences (if interviewed by the judge)
  • any history of domestic violence or abuse, and
  • any other evidence related to the child’s wellbeing.

An existing grandparent-grandchild relationship is not required to ask for court-ordered visits, but if you already spend quality time with your grandchild, evidence of your close relationship can help show that the proposed schedule would serve the child’s best interests. My goal is to provide you superior customer service. If you found this answer helpful please provide me a 5 star or positive rating. I wish you the best of luck.

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Family Lawyer: fiftyshadesoflaw, Family Law Attorney replied 2 months ago

Here I know the parents were not married so disregard the divorce language. It applies even for unmarried couples as well.

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