SPARC Forums

here I go, back in 1998 i gave up custedy of my daughter to my aunt so she can have a better life. well just a week age my aunt had both of her kids taken away becouse her roomate she had sexually touched he little boy. well now that states trying to come after me for abandanment on her. unsure if thay can do that though? well anyways the only  reson i never took my daughter back is becouse she is really happy and i didnt want to mess that up. so now im going to step up and get her out of foster care. but sence the state couldnt find me that gave her grandparents tem. custedy. and now thay want to go for full custedy and i think she needs to come home with me. i have no idea what the laws are on grandparents getting her over me but i need help. if she goes to them i lose her for good. how do i? what should i? i need all the help i can get i have no idea on this and im scared im going to lose her agean. please help

How long have the grandparents had custody of her? Did you have any visitation with her when she was in your aunt's care? What has changed in your life that you thought she was better off without you 6 years ago, but better off with you now? Did you legally sign over custody of her, or just leave her there?

Since you were not carrying for the child when the incidents occurred, the child's grandparents may also have standing to seek custody.

Ultimately, the decision will be based on what is in the child's best interests and will be recviewed by a social worker with child protective services or ,if the motion was filed in family court, by a custody evaluator and Guardian Ad Litem.  Based on your description, I would guess that you are on an equal footing with the grandparents but certainly not at much of an advantage.  

A critical issue may be what kind of contact you hhave maintained with your chjild over the years. The court will certainly not wish to place the child in another unstable situation.

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