dissmissed

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tutzi
Posts: 63
Joined: Wed Dec 14, 2011 6:52 pm

dissmissed

Postby tutzi » Tue Mar 13, 2012 4:40 pm

First of I would like to thank everyone that gave me advise and support I couldn't have did it without ya'll.
We went to court today and the judge dismissed the case so we finally free of CPS, but still it is not over for us :( .
Since CPS picked my grandson up from his other grandma's house they have to return him there, and she said she was not going to him back to my daughter but keep him.
We called the police but there is nothing they can do so the fight goes on just without CPS.

I wish everyone who is still involved with CPS good luck.

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Daruma
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Re: dissmissed

Postby Daruma » Tue Mar 13, 2012 4:58 pm

I'm glad your case was dismissed, but if the judge issued an order for CPS to return him to you, aren't they legally bound to comply? Why are the police not upholding the custody order?

Edit--oh, wait, I misunderstood. CPS has to give the baby to the other grandmother. I see. So now your daughter has to fight the grandmother for custody of her own baby?
These are my personal opinions only. They are not legal, medical, or financial advice.

tutzi
Posts: 63
Joined: Wed Dec 14, 2011 6:52 pm

Re: dissmissed

Postby tutzi » Tue Mar 13, 2012 5:22 pm

No they told us both parents have custody but they return the baby from where they picked him up at and that was by the other grandmothers house. My daughter could get him from there but they said since both have custody they not giving him back but she is welcome to go see him without taking him out the house.

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Daruma
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Re: dissmissed

Postby Daruma » Tue Mar 13, 2012 7:13 pm

Who said she can't take him out of the house? CPS or the other grandmother?

If your daughter shares custody with the father, then 1) your daughter can take the baby whenever she likes, and 2) the other grandmother only has whatever privileges allowed to her by one of the baby's parents. Unless granny has legal custody, granny has no say in the matter.

Or am I missing something?

One final thought: after all you've been through with CPS, this is what I'd do if I were your daughter. Once things settle down a little bit, I would quietly apply for German passports for the baby and myself. I'd put them somewhere safe, and not tell anyone else that they exist. They would simply be there as a last resort in case of some unthinkable emergency.
These are my personal opinions only. They are not legal, medical, or financial advice.

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Eljay
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Re: dissmissed

Postby Eljay » Tue Mar 13, 2012 7:22 pm

SOOOOOOOOO happy to hear it was dismissed!!!!!

But WTF is up with daddy grandma! If that's the way she's going to play, then your daughter can just go over there WITH the police in tow. Unmarried mothers have presumptive natural custody which trumps the fathers. The father has to go to court to secure any custody when they weren't/aren't married.
http://www.legalmatch.com/law-library/a ... rents.html

Furthermore, grandma has ZERO legal custody and what she is doing (even the FATHER is doing) is called "custodial interference", which is a crime.

http://www.missingkids.com/en_US/docume ... erence.pdf

Possession is NOT nine-tenths of the law when it comes to children!!!!!!
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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tutzi
Posts: 63
Joined: Wed Dec 14, 2011 6:52 pm

Re: dissmissed

Postby tutzi » Wed Mar 14, 2012 5:16 am

Daruma wrote:Who said she can't take him out of the house? CPS or the other grandmother?

If your daughter shares custody with the father, then 1) your daughter can take the baby whenever she likes, and 2) the other grandmother only has whatever privileges allowed to her by one of the baby's parents. Unless granny has legal custody, granny has no say in the matter.

Or am I missing something?

One final thought: after all you've been through with CPS, this is what I'd do if I were your daughter. Once things settle down a little bit, I would quietly apply for German passports for the baby and myself. I'd put them somewhere safe, and not tell anyone else that they exist. They would simply be there as a last resort in case of some unthinkable emergency.


The grandmother told my daughter she can't take him but she can come see him. They never been married, he still denies the child in school, work ect. the whole 11 month he was with us they brought over 2 boxes of diapers and thats it, so I dont know what changed their mind now but we will continue to fight.
We planned on getting German Passports just in case.

tutzi
Posts: 63
Joined: Wed Dec 14, 2011 6:52 pm

Re: dissmissed

Postby tutzi » Wed Mar 14, 2012 5:32 am

Eljay wrote:SOOOOOOOOO happy to hear it was dismissed!!!!!

But WTF is up with daddy grandma! If that's the way she's going to play, then your daughter can just go over there WITH the police in tow. Unmarried mothers have presumptive natural custody which trumps the fathers. The father has to go to court to secure any custody when they weren't/aren't married.
http://www.legalmatch.com/law-library/a ... rents.html

Furthermore, grandma has ZERO legal custody and what she is doing (even the FATHER is doing) is called "custodial interference", which is a crime.

http://www.missingkids.com/en_US/docume ... erence.pdf

Possession is NOT nine-tenths of the law when it comes to children!!!!!!


We did call the police last night but even though they never been married and he was living with us until he was taken, they said they can't take the child from 1 parents house and bring it to the other.
Its all the grandmother because the father don't want the child he still denies him to this day outside of his home even though the dna says otherwise.
So our fight goes on just without CPS

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Eljay
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Re: dissmissed

Postby Eljay » Wed Mar 14, 2012 8:38 am

So she goes over there when the father isn't there.... simple as that! Don't let the police tell you no! Call the chief and tell them that the father is NOT taking care of the child, that the grandmother is interfering with custody. Don't let them be lazy!!! If the won't help, then round up a gaggle of family members to go over there... follow grandma when she takes the baby to the grocery store and take him from the cart... seriously, your daughter has all the rights here!
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

tutzi
Posts: 63
Joined: Wed Dec 14, 2011 6:52 pm

Re: dissmissed

Postby tutzi » Wed Mar 14, 2012 8:22 pm

Eljay wrote:So she goes over there when the father isn't there.... simple as that! Don't let the police tell you no! Call the chief and tell them that the father is NOT taking care of the child, that the grandmother is interfering with custody. Don't let them be lazy!!! If the won't help, then round up a gaggle of family members to go over there... follow grandma when she takes the baby to the grocery store and take him from the cart... seriously, your daughter has all the rights here!

We already thought of that the grandmother leaves for work at 5 am she takes the baby with her to drop him off by some family member. We gonna have my friend follow her than call police to come get him from there. Hope its as easy as it sounds.

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Eljay
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Re: dissmissed

Postby Eljay » Wed Mar 14, 2012 10:28 pm

Or, she goes over there to "visit" her own child, then 10 minutes later you and your husband stop by for a vist, then all three of you walk out the door with him.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

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Daruma
Posts: 677
Joined: Sat Aug 28, 2010 12:34 pm

Re: dissmissed

Postby Daruma » Thu Mar 15, 2012 7:56 am

And as your daughter walks out the door with HER baby, you or your husband can tell Granny that she has no legal custody. Tell Granny that keeping the baby away from your daughter was very close to kidnapping, and you'll press charges if she attempts to stop your daughter from exercising her custody rights.

Did the court ever order a parenting plan for your daughter and the baby's father? (A parenting plan is not the same thing as a CPS case plan. The parenting plan is for divorced or for never-married, non-cohabitating parents. It specifies custody arrangements, visitation, and child support.)
These are my personal opinions only. They are not legal, medical, or financial advice.

tutzi
Posts: 63
Joined: Wed Dec 14, 2011 6:52 pm

Re: dissmissed

Postby tutzi » Fri Mar 16, 2012 8:23 pm

no the case was dismissed, never got court ordered custody arrangements the father has no interest whatsoever in the child so we didnt think we needed it.
We wanted to go walk in get him than walk out but a officer told us that that would be trespassing and we get fined or jail time so we didnt go, we did try to go when the father is in school to get him but they take him to another city by someones house til late in the evening its like they knew what we was trying to do. The grandmother told my daughter that he will start daycare next week but wouldnt say where, I wonder can they do so the father is not on the birth certificate I would think my daughter has to sign for it.

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Daruma
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Re: dissmissed

Postby Daruma » Fri Mar 16, 2012 8:44 pm

Okay, if dad isn't on the birth certificate, your daughter needs to call the police and insist that this woman is keeping her child illegally. This is ridiculous. Your daughter needs to insist that this is a kidnapping and/or custodial interference. Don't take no for an answer.
These are my personal opinions only. They are not legal, medical, or financial advice.

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: dissmissed

Postby Eljay » Sat Mar 17, 2012 3:25 pm

Daruma wrote:Okay, if dad isn't on the birth certificate, your daughter needs to call the police and insist that this woman is keeping her child illegally. This is ridiculous. Your daughter needs to insist that this is a kidnapping and/or custodial interference. Don't take no for an answer.


Absolutely. Furthermore, the court orders would indicate that CPS no longer has custody and so custody would go back to what it was before, which is default to your daughter ONLY. Fathers who are NOT on the birth certificate and have NOT gotten court-ordered custody have NO custodial rights (in your state).
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

tutzi
Posts: 63
Joined: Wed Dec 14, 2011 6:52 pm

Re: dissmissed

Postby tutzi » Mon Mar 19, 2012 6:11 pm

thats what I keep reading but according to police they cant do anything.
The grandmother told my daughter that he will start daycare on wednesday and she is not on the list to pick him up, how she managed to enroll him in daycare I dont know since they have no birth certificate or anything else anyway once she brings him to daycare we will go there with the police to get him

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Daruma
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Re: dissmissed

Postby Daruma » Mon Mar 19, 2012 6:16 pm

Let us know how it turns out.
These are my personal opinions only. They are not legal, medical, or financial advice.


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