My mom is trying to get custody of her 10 month old niece and 7 year old nephew. They are the state's property, even though my grandmother has custody of them. The kids' mother got her kids taken away for doing drugs. They sent her to rehab, and 2 months later got on cocaine again. They are sending her back to rehab. What are the chances of my mom getting these two kids? Her lawyer has issued a home study, but I'm not sure when the home study will take place. Problem is the kids' lawyer doesn't want them leaving the state, and we live in a different state. But according to law, family gets rights first, before the kids go to foster parents. My grandmother is getting too old to take care of a growing baby and is soon needing to give up these kids. What are the chances of my mom getting these kids if we pass the home study? We have already been to court for these kids once and lost because of the lawyers not wanting the kids out of state. What are my moms chances of getting the kids?
2007-02-10 14:57:47 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes my grandmother lives in the same state as the children. And also, the kids' mother didn't show up for visitation for the past 2 scheduled dates. And Yes my mom has a lawyer.
2007-02-10 16:00:16 · update #1
I think she still has a good chance of getting the kids, especially since she is coming forward so early in the process. Stay on top of things and make sure the lawyers know it is a clean, safe, loving home and I would expect few problems. It is always preferred to keep kids with biological relatives if possible.
2007-02-12 00:53:51 · answer #1 · answered by wisegirl1204 3 · 0⤊ 0⤋
Your mother's only obstacle is that she lives out-of-state. You see, this state does not want to separate the kids from atleast visitation for the mother. But you said your grandmother has custody. Does she live in the state that the kids live in? It all depends on the daughter. If she cleans up her act and does go see the kids, well you don't have a shot.But from past actions, it looks like the daughter will not. So, when she fails her probation and does not visit her children, your mother could petition the court for her to take the kids.
2007-02-10 15:12:13 · answer #2 · answered by Terry Z 4 · 1⤊ 0⤋
I have not heard any evidence of abuse or neglect. Perhaps towards her mother, but not towards her children! There are children who are really being beaten and starved, children whose lives are in danger. They are not being checked on because women like you think they have the right to determine how somebody else raises their kids and feel you have the right to call the authorites because somebody didnt buy their kids Christmas gifts! ( you know some families do not even celebrate this time of year by buying gifts!). Stop what you are about to do before you make another move. These kids may not even want to live with you, even if they do now they could change their mind. If CFS goes so far as to remove the kids over allegations by a jealous sister, they will not be hesistant in removing the kids when they follow in your footsteps and call CFS on you. Whos to say you will even be awarded custody? The kids have a right to say who they would prefer to live with. For all you know they could end up in foster care. Is this what you want for them? Stop tattlling on your sister and move on with your own life. If you dont like the way she is raising her kids then simply dont get involved! Are Christmas presents and yogurts really worth the tax dollars you are about to burn up over your little family dispute?
2016-05-25 07:42:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
does your mom have a lawyer? if not, then she needs to get one fast so they can get the wheels turning for her. they don't like for kids to be taken out of state but there is always a chance that they will let her because of the circumstances. good luck to your mom.
2007-02-10 15:13:08 · answer #4 · answered by lynnie 3 · 1⤊ 0⤋