My daughter and grandchildren, ages 2 and 5 reside in my home. Mom is unemployed and drug addicted. Father of the 5 year old is not involved, father of the 2 year old pays support, sees the child a couple times a month.
CPS showed up at our home a couple of weeks ago after a report about mom's drug involvement. Verbally placed the children in my custody; nothing in writing, mom has only "supervised contact."
Ordered mom to go for a drug test; she hasn't done so. Daughter gave me temporary custody on forms we found online, signed and notarized. Went to rehab with a severe toothache after speaking with the case worker, who agreed not to file charges against her provided she entered rehab. She left rehab after a few hours when she was told they would not provide even tylenol or advil. (Non Medical rehab).
Her plan was to get her dental work (extractions) done today and then find a rehab that would take her, the original will not allow her to return for 30 days since she left voluntarily. I took her to the dentist today, refused to extract her teeth as they are severely absessed and are too close to her sinus'. Referred her to an oral surgeon who can't see her until Tuesday the 9th. 5 more days.
Case worker called this afternoon, left a message on my v-mail requesting information about daughter..if she is in rehab, did she give me custody of the children etc. Said she would close the case if the mom is in rehab.
I need to call her back, not sure what to tell her. I don't want to tell her the mom is not in rehab, I don't want to tell her anything..but I know I must tell her something.
Question: Is a signed, notarized form giving temporary custody of the children enough to keep them in my home, especially since the caseworker already placed them with me verbally?
If not, should I request the worker give me temp. custody via the court system?
Will the court system give me custody if I am not working? I had to quit my job to take care of the children when the worker ordered me to only allow supervised visitation by the mom as I couldn't afford child/daycare, the 5 year old attended an afternoon kindergarten and there was no one to get him on the bus for school at noon or be here for his return if his mom couldn't be here with him without another adult in the house. My husband is employed.
How should I handle a conversation with the case worker, how much info should I give her?
I can't really afford an attorney, but should I retain one to deal with the child custody or am I covered with the document my daughter signed?
Need advice QUICK!!!!
Moderators: family_man, LindaJM
It depends on the state, and even then CPS does what it wants to do.
Go to your state government site and search for:
custody, guardianship, power of attorney, etc. and find out what the current laws are.
Also, search:
"your city" + famliy law + attorney
and add such terms as: custody, guardianship, power of attorney, etc.
and see if any lawyers give general legal information on their website.
The general advice is to not do anything unless a court orders you to, but you are over a barrel here, even without a written and signed Safety Plan.
Go to your state government site and search for:
custody, guardianship, power of attorney, etc. and find out what the current laws are.
Also, search:
"your city" + famliy law + attorney
and add such terms as: custody, guardianship, power of attorney, etc.
and see if any lawyers give general legal information on their website.
The general advice is to not do anything unless a court orders you to, but you are over a barrel here, even without a written and signed Safety Plan.
If I had been home when she arrived at the door, she wouldn't have been inside my house at all, but my husband was here, I was at work and he let her in.
I know I have to call her this morning, and time is running out..there is no time to see an attorney.
State law here is foggy..I think that is on purpose.
I hate being the one who has to choose between the grandchildren and my own child..even if she is an adult who dug this hole for herself.
I know I have to call her this morning, and time is running out..there is no time to see an attorney.
State law here is foggy..I think that is on purpose.
I hate being the one who has to choose between the grandchildren and my own child..even if she is an adult who dug this hole for herself.
-
thiasmommy
- Posts: 105
- Joined: Tue Dec 06, 2005 1:58 pm
NEWCOMER
If you lie to her you could be putting the gran children at risk. If cps finds out you were not truthful, they could open a case and take the kids from you because they will say you are enabling the daughter, be very careful!!!!
God Bless
God Bless
UPDATE and a new question:
The day after CPS gave me "temp. custody" my daughter overdosed. Someone, somewhere advised the caseworker. When my daughter called the caseworker yesterday to get the results of her drug test, she told her that she knew of the overdose and was filing charges..despite the fact that she has no results back from the drug test (it's been a week, I don't believe her, she has the results.)
When I spoke with her last week, she wanted to "leave things as they are" since my daughter was cooperating..but I know this is not the case now.
Cop at my door this morning trying to serve papers to my daughter, for what I assume is the court hearing. He wouldn't leave them with me, she hasn't yet recieved them this afternoon.
Right this moment, I have temporary custody of the children, given to me by my daughter, but not filed with the courts..it's only a notarized document.
I have no formal notification that there is anything pending in the courts..I tried to call the worker, she hasn't called me back, and I know she isn't going to..it is how she operates. You wait days for a call from her, it's like a red flag that something is brewing behind the scenes. I believe that since she has not advised me of the court hearing, and has not contacted me to give me instructions concerning legalizing the temp. custody in court, she intends to remove the children. I am assuming because I didn't notify her of the overdose? (Police came to the house to notify me when they found my daughter, I am assuming again that it was them who notified the case worker.)
What can I expect if I take the children out of state for a couple of weeks, to visit my sister? Legal repercussions?
The last thing I want to do is make my grandchildren "available" for CPS to remove from my home. I would like to remove them myself until the hearing is over and some court order has been issued. My grandson will be completely traumatized if a stranger comes in the door and takes him away, and my granddaughter won't fair well either. I am determined not to let this happen. They belong with their family, not strangers.
What should be my next step? I have read so many things on this site, it is all so overwhelming...
I know, no one is going to tell me to take the kids and go..but what can I expect if I do?
The day after CPS gave me "temp. custody" my daughter overdosed. Someone, somewhere advised the caseworker. When my daughter called the caseworker yesterday to get the results of her drug test, she told her that she knew of the overdose and was filing charges..despite the fact that she has no results back from the drug test (it's been a week, I don't believe her, she has the results.)
When I spoke with her last week, she wanted to "leave things as they are" since my daughter was cooperating..but I know this is not the case now.
Cop at my door this morning trying to serve papers to my daughter, for what I assume is the court hearing. He wouldn't leave them with me, she hasn't yet recieved them this afternoon.
Right this moment, I have temporary custody of the children, given to me by my daughter, but not filed with the courts..it's only a notarized document.
I have no formal notification that there is anything pending in the courts..I tried to call the worker, she hasn't called me back, and I know she isn't going to..it is how she operates. You wait days for a call from her, it's like a red flag that something is brewing behind the scenes. I believe that since she has not advised me of the court hearing, and has not contacted me to give me instructions concerning legalizing the temp. custody in court, she intends to remove the children. I am assuming because I didn't notify her of the overdose? (Police came to the house to notify me when they found my daughter, I am assuming again that it was them who notified the case worker.)
What can I expect if I take the children out of state for a couple of weeks, to visit my sister? Legal repercussions?
The last thing I want to do is make my grandchildren "available" for CPS to remove from my home. I would like to remove them myself until the hearing is over and some court order has been issued. My grandson will be completely traumatized if a stranger comes in the door and takes him away, and my granddaughter won't fair well either. I am determined not to let this happen. They belong with their family, not strangers.
What should be my next step? I have read so many things on this site, it is all so overwhelming...
I know, no one is going to tell me to take the kids and go..but what can I expect if I do?
Go to your state government website and see if you can find out what the guardianship laws are. Try the search term "kinship care" also.
Something may show up on a guardian enrolling a child in school, or giving medical care.
Laws vary, and the terminology varies. Sometimes the issue isn't even addressed.
Power of Attorney is one term.
This is just off the top of my head, based on the best that I can remember.
Some states recognize informal guardianship, without anything in writing. The term is called "kinship care."
Other states recognize a guardianship created by a parent. Sometimes this relationship is limited in time, like for 6 months.
And some states only recognize a guardianship created by a Court.
Go to the U. S. Gov. website and search for: kinship care.
Search again, and include your state.
http://www.usa.gov/
Here is an overview.
http://www.childwelfare.gov/pubs/f_kinshi/f_kinshia.cfm
.
Something may show up on a guardian enrolling a child in school, or giving medical care.
Laws vary, and the terminology varies. Sometimes the issue isn't even addressed.
Power of Attorney is one term.
This is just off the top of my head, based on the best that I can remember.
Some states recognize informal guardianship, without anything in writing. The term is called "kinship care."
Other states recognize a guardianship created by a parent. Sometimes this relationship is limited in time, like for 6 months.
And some states only recognize a guardianship created by a Court.
Go to the U. S. Gov. website and search for: kinship care.
Search again, and include your state.
http://www.usa.gov/
Here is an overview.
http://www.childwelfare.gov/pubs/f_kinshi/f_kinshia.cfm
.
Thanks for the responses.
Our state, Ky, recognizes kinship care via the Guardian Ad Litem. I contacted an attorney last summer and he told me there wasn't a chance that I would get custody over the drug addicted felony father of the 5 year old or the traveling for his job, out of town 5 days a week father of the 3 year old so I let it go and resumed my role as caregiver to the kids in my home with no legal protections.
My daughter got the papers. I think she now sees that CPS is not her friend. What has been stated in the petition is a totally twisted to suit the needs story by CPS.
Oddly enough, the petition only states the granddaughter's information, it's a petition for her benefit only..nothing about the grandson at all, except a statement that she attends the school he actually attends..she's not in school yet. Case worker is really on the ball and has all the details committed to memory (sarcasm)..she's forgotten he exists.
Exactly what I expected, a 3 year old blond haired blue eyed beauty..she's exactly what they want. Our state has had it's share of corruption in CPS investigations, connecting the corruption to the availablitity of adoptable children. It's even uncovered the ability to place an order for a child and have the order filled by CPS case workers...high dollar civil settlements have been negotiated with the CPS workers who exposed the corruption.
I am currently unemployed, having left my job in order to supervise the children (can't leave them with mom while I work). Is there any chance I will be given custody without a means to support them? I doubt it.
I have to find an attorney who specializes in this type of situtation, I am out of my league trying to figure this out on my own...but how do you do that when your state does not allow for specialty of practice?
It's not like family law attorneys are jumping out of the phone book with big ads that say they take on these kinds of cases.
Our state, Ky, recognizes kinship care via the Guardian Ad Litem. I contacted an attorney last summer and he told me there wasn't a chance that I would get custody over the drug addicted felony father of the 5 year old or the traveling for his job, out of town 5 days a week father of the 3 year old so I let it go and resumed my role as caregiver to the kids in my home with no legal protections.
My daughter got the papers. I think she now sees that CPS is not her friend. What has been stated in the petition is a totally twisted to suit the needs story by CPS.
Oddly enough, the petition only states the granddaughter's information, it's a petition for her benefit only..nothing about the grandson at all, except a statement that she attends the school he actually attends..she's not in school yet. Case worker is really on the ball and has all the details committed to memory (sarcasm)..she's forgotten he exists.
Exactly what I expected, a 3 year old blond haired blue eyed beauty..she's exactly what they want. Our state has had it's share of corruption in CPS investigations, connecting the corruption to the availablitity of adoptable children. It's even uncovered the ability to place an order for a child and have the order filled by CPS case workers...high dollar civil settlements have been negotiated with the CPS workers who exposed the corruption.
I am currently unemployed, having left my job in order to supervise the children (can't leave them with mom while I work). Is there any chance I will be given custody without a means to support them? I doubt it.
I have to find an attorney who specializes in this type of situtation, I am out of my league trying to figure this out on my own...but how do you do that when your state does not allow for specialty of practice?
It's not like family law attorneys are jumping out of the phone book with big ads that say they take on these kinds of cases.
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