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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12250
Experience:  JD, MBA
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The parents of my grandchildren, have been known to use drugs.

Resolved Question:

The parents of my grandchildren, have been known to use drugs. The grandparents of my granddaughter. have a legal prescription for marijuana. therefore no state agency will get involved. and she has come home with burns on her chest. I do not want my grandchildren around drug addicts. I know for a fact that the other grandmother sells drugs as well, I want to go straight to federal court and get custody of my grandchildren. as no one in the state has any authority to prevent, or help my grandchildren from being around the drugs. What can I do. child services hasnt done anything to help them
Submitted: 6 years ago.
Category: Legal
Expert:  TJ, Esq. replied 6 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Unfortunately, child protective services is your only recourse. Grandparents do not have the right to petition a court to find that a child’s parents are unfit … child protective services does that. Of course, if there is actually abuse or illegal activity, then you ask the police to investigate. The police cannot petition to have the parents found unfit, but the police can certainly have an impact on child protective services. In other words, if you tell child protective services of the abuse and drug use, then your results may be mixed. But if the police tell child protective services that they’re actively investigating abuse or illegal drug use, then child protective services will probably be more apt to investigate with a fine toothed comb. So, my suggestion is to tell child protective services and the police to see if they’ll investigate.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 6 years ago.
Sir I have contacted child services and they have not responded on about four occasions, which I believe by law they have two days to get back to you. I called a senator and he got in touch with the heads of state of new mexico child services. I did receive phone calls from a liason, and the head of our local office, I believe that the city manager was also informed. I got nothing but apologies and lenthly time to have her hear my concern . If marijuana is legal in the state but illegal in the fed government. dont you thing that for the sake of the grandchildren have a right to live in a drug free environment. Where drugsare not being sold in their presence. I should make a federal case out of it. So please know that I have infact went to the nm child services. to no avail. although they tell me there is an ongoing invegestion, but I am not priveledge to that information.
Expert:  TJ, Esq. replied 6 years ago.
Hi again. The problem is twofold: (1) Even if the Federal law makes marijuana use illegal, State law does not, and issues such as custody are determined by the State. I doubt a State judge would automatically condemn conduct that is explicitly legal under State law. (2) The only means for you to get this before a court is to have the proper authorities petition the court. The proper authority is child protective services. If they will not, then you are out of options, except to do something to in some way force them to act. One way is to get the police involved (as I suggested). But if you can get them to act by going through other channels such as a Senator, then that's fine too. You may even want to contact your local news about how lax child protective services is.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

Customer: replied 6 years ago.
i have pictures of the burns, I have police reports, I have lots of evidence. thanks for just exactly what i have been told over and over No one cares and no one will lift a finger to help unless you have a wad of cash to hand over. Its pretty sad that child services wont even do their job. sick for the safety of my precious grandchildren. if i accept your answer does that mean i cant talk to any one againg for thirty days, or do i still get that option
Expert:  TJ, Esq. replied 6 years ago.
Trust me, I understand your frustration. This is how cases often fall through the cracks.

As for accepting my answer, you can ask as many questions and talk to as many experts as you'd like. Accepting my answer merely allows the website to pay me for my time.

I truly wish you luck and I hope that this works out in your favor!
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