Grandparents rights in WV

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turtlemom08
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Grandparents rights in WV

Postby turtlemom08 » Tue Feb 26, 2013 12:04 am

Does any one know if grandparents have rights in WV, and if they do what are they? I was told by the sheriff's office yes and CPS told me no.

My adopted mother lives in FL and we live in WV. She wants to take our son out of state. We are an intact family and my husband and I are the biological parents. She has filed 6 false cps reports on us.

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Eljay
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Re: Grandparents rights in WV

Postby Eljay » Tue Feb 26, 2013 1:49 pm

To be really honest, your question is really baffling! If you fear your a-mom taking this child, do you even speak to her any more? Is she filing for custody? Yes, WV does have a process by which grandparents can file for visitation, but is this acrimonious? If so, you'd almost certainly prevail if this went to court, especially since she's engaged hostile means by which to attempt to secure "visitation" at the hands of CPS.

Filing a false child abuse report (assuming the 6 calls were false since you've not mentioned that the child was taken) in Florida is a FELONY. Now... I don't know how that works when she's making the phone call FROM Florida to an agency in WV, but I sure would put a HUGE amount of time investigating it! If she had a visit from her local police department investigating her for the multiple false reports, and they were so kind to inform her that it is a FELONY in their state.... yeah, that might get her to back off!

Just looked... it is a misdemeanor in WV:
http://www.legis.state.wv.us/Bill_Text_ ... %20SUB.htm

If she's threatening to take your child, this means WAR! Have the police in WV *AND* Florida investigate, have them work together, ask them how you can press charges (if you so choose) and get it ON RECORD that she has made a pattern of doing this.
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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turtlemom08
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Joined: Tue Feb 05, 2013 9:40 am

Re: Grandparents rights in WV

Postby turtlemom08 » Tue Feb 26, 2013 6:30 pm

Eljay wrote:To be really honest, your question is really baffling! If you fear your a-mom taking this child, do you even speak to her any more? Is she filing for custody? Yes, WV does have a process by which grandparents can file for visitation, but is this acrimonious? If so, you'd almost certainly prevail if this went to court, especially since she's engaged hostile means by which to attempt to secure "visitation" at the hands of CPS.

Filing a false child abuse report (assuming the 6 calls were false since you've not mentioned that the child was taken) in Florida is a FELONY. Now... I don't know how that works when she's making the phone call FROM Florida to an agency in WV, but I sure would put a HUGE amount of time investigating it! If she had a visit from her local police department investigating her for the multiple false reports, and they were so kind to inform her that it is a FELONY in their state.... yeah, that might get her to back off!

Just looked... it is a misdemeanor in WV:
http://www.legis.state.wv.us/Bill_Text_ ... %20SUB.htm

If she's threatening to take your child, this means WAR! Have the police in WV *AND* Florida investigate, have them work together, ask them how you can press charges (if you so choose) and get it ON RECORD that she has made a pattern of doing this.


We have not spoken to her since we moved back to WV, seven months ago. We recieved a summons about 3 weeks ago saying she was suing us for visitation rights.
All the calls were false. And I have asked cps for a copy of our file. They never found anything wrong, my son was not taken. We have been advised by the last three cps workers to file charges, which we will do asap. She says I am an unfit mother. She took me from my mother and is now tring to take my son from meand my husband.
We go to court on March 6th. And from what you said I feel I have a good chance of her not getting visitation.

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Eljay
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Re: Grandparents rights in WV

Postby Eljay » Tue Feb 26, 2013 8:36 pm

Did she have a (close) relationship with the child before you moved away?
How old is the child?
Does she realize that she's saying she did a bad job of raising you by saying you're unfit??? I mean... I hate to do what CPS does all the time, but when ppl are bad parents, they often blame the grandparents for it... the apple doesn't fall far from the tree theory. :/
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 ----<>----<>----<>----

turtlemom08
Posts: 9
Joined: Tue Feb 05, 2013 9:40 am

Re: Grandparents rights in WV

Postby turtlemom08 » Wed Feb 27, 2013 1:34 am

Eljay wrote:Did she have a (close) relationship with the child before you moved away?
How old is the child?
Does she realize that she's saying she did a bad job of raising you by saying you're unfit??? I mean... I hate to do what CPS does all the time, but when ppl are bad parents, they often blame the grandparents for it... the apple doesn't fall far from the tree theory. :/


She has only seen my son a dozen times since he ws born. He is now five.

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monkette31
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Re: Grandparents rights in WV

Postby monkette31 » Thu Feb 28, 2013 12:25 am

She sounds deranged. 12 visits in 5 years and she's calling cps on you and filing for visitation rights?

I'd change contact info and move if you have to. I just can't imagine such a deranged individual as this as stopping with the referrals. At some point, if you do not take a proactive stance to keep her away, it is my belief that cps will have to do something to your family, like provide services, to protect their own liability in the matter.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

turtlemom08
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Re: Grandparents rights in WV

Postby turtlemom08 » Sat Mar 02, 2013 3:45 am

monkette31 wrote:She sounds deranged. 12 visits in 5 years and she's calling cps on you and filing for visitation rights?

I'd change contact info and move if you have to. I just can't imagine such a deranged individual as this as stopping with the referrals. At some point, if you do not take a proactive stance to keep her away, it is my belief that cps will have to do something to your family, like provide services, to protect their own liability in the matter.


We did move out of state and now we are working on moving to another county. We will be pressing charges this comming week and start the paperwork for getting our names changed.

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Eljay
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Re: Grandparents rights in WV

Postby Eljay » Sat Mar 02, 2013 12:52 pm

I just have to know... what sorts of allegations is she making from a completely different state? And has there been any confirmation that the calls are from her (not that I'm doubting it is her, but I'm wondering if CPS and/or police have clued you in to who is doing it).
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 ----<>----<>----<>----

turtlemom08
Posts: 9
Joined: Tue Feb 05, 2013 9:40 am

Re: Grandparents rights in WV

Postby turtlemom08 » Mon Mar 04, 2013 11:13 pm

Eljay wrote:I just have to know... what sorts of allegations is she making from a completely different state? And has there been any confirmation that the calls are from her (not that I'm doubting it is her, but I'm wondering if CPS and/or police have clued you in to who is doing it).


The reports state that I feed my son only junk food, I do not allow him to go to school (will start school in Aug.), I do not allow my son around other people, I make my child sleep on he floor, my house is a condemed shack, I or my husband only came to wv for the welfare, and too many others to list. It would take me writing a book to tell everything that I have been accused of.

The last worker won't tell me anything, but there have been workers that have said "you apparently know who is making these calls."
One thing I did find interesting is that she says in every letter or call that the grandparents are suffering because we won't allow them to see our son or the grandparents always took the child to the park.

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Eljay
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Re: Grandparents rights in WV

Postby Eljay » Tue Mar 05, 2013 5:58 am

Wow... She is desperate. Sadly, I don't think any of those things are out of the ordinary in WV, even if they are true!
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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