Can a grandparent's rights to seek tempory gaurdianship of her grandchildren for a 6 month time period while their father finishes up his jail time? and also the mother is seeking gaurdianship after she deserted her children and CPS took over the children while the grandmother established residency in the state of Washington comming from California? If your a blood relitive can CPS adopt the kids out???
2007-03-12 16:21:19 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
There is a lot to address here. Number one, unless the law has changed in Washington, the State does not recognize "Grandparent's Rights" (my dad found this out the hard way). If the children are in the care of CPS, they (CPS) get to decide who is eligible to care for the children, ranging from other family members (grandparents, aunts, cousins, uncles, etc.) all the way down to one parent or the other. If they feel no one who steps forward to take care of them would be a safe home and environment, they do not have to turn the children over to anyone in the family. If the father has custody of the children (on paper as well as in person), he can sign over temporary guardianship to any one he wishes. It is a legal agreement but can be contested by other parties if they wish to pursue it, and if CPS has the kids, they do not have to abide by the agreement, but can take it under consideration. If they do not have the kids, it has a better chance of standing as a legal document regarding the care of the children while he is in jail. As for returning the children to the mother, if CPS took them from her to begin with, depending on the reasons and a full review of her abilities to care for them now, it is possible she could get them back, but I don't think it will happen from the way you have presented the details. As for grandparents establishing residency, my guess is that they have already talked to CPS and/or an attorney about the situation, and are "jumping through the recommended hoops" to make it happen. Mom and a good attorney at her side will probably be the only obstacle, and CPS will have to deal with them, not the grandparents, if they are in CPS care already.
2007-03-12 16:36:46 · answer #1 · answered by nontatertot 3 · 0⤊ 0⤋
At this time, cps has legal guardianship of the kids, and (with the court), makes reccomendations. Usually, they are required by law to give the parent specific requirements to reach, in order to regain the children. IF the court determines that the parent has not met those goals, they have the option to terminate parental rights, and the children can be adopted.
In legal terms, the grandparents do have the right under CERTAIN circumstances, to petition for custody. Operative word here, is petition... not automatically granted.
Many states passed "grandparent rights" laws over the last few years, until the term was challenged in the US Supreme court. It is hard to swallow, but the ruling basically came down to grandparent rights being unconstitutional. Thus, nothing is there to be taken away, as long as the parents are fit. In this case, sounds like the parents both have been qualified as not fit at this time.
2007-03-12 18:29:32 · answer #2 · answered by wendy c 7 · 0⤊ 0⤋
ok, at the beginning, the grandparents have no rights. in the event that they take your new child and could no longer supply her decrease back, that's noted as KIDNAPPING and that's a criminal offense! with the intention to take your infants away, they might could desire to hire a lawyer (that's rather costly) and then tutor to a choose which you have been undeserving. and that's puzzling except you have been investigated by way of DCF or some thing, or the youngsters are patently being mistreated, etc. as long as you deal along with your infants perfect and take good care of them, it rather is totally no longer likely that they are going to have the skill to get custody of them. As for the daddy, if he's in detention center, he can no longer seem after them besides. i would not hassle too plenty if I have been you, and if the grandparents take off along with your infants ever back, call the law enforcement officers and tell them your in regulations have abducted your infants, and function them arrested.
2016-10-02 00:56:05 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Its up to a Judge but typically they try to keep the children with a blood relative but they are going to do what they believe is the best for the children.
2007-03-12 16:26:11 · answer #4 · answered by epaq27 4 · 0⤊ 0⤋
Grandparents really have no rights in this area unless a court grants them rights...
there is no built in rights other than for parents..
2007-03-12 16:25:25 · answer #5 · answered by darchangel_3 5 · 0⤊ 0⤋