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Author Topic: Can we do this now?  (Read 1189 times)

HelpMyStepsonPlease

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Can we do this now?
« on: Jan 09, 2007, 08:37:19 AM »
I seen the posting rules on here and yes, I am the stepmom, but if we can do thid bio mom is giving me rights to adopt as she is critically ill with no chance of survival. I hope you can still offer any advice on this.    


This story is so close to many many of the one's on here. First off we are in TN., and SS, grandparents and jurisdiction are in FL. Mom gave maternal grandparents (grandfather and stepgrandmother) power of attorney over herself and children as she knew she was going to be in big trouble. DCFS investigated mom after this for abuse charges, of which she was found guilty.
     Grandparents along with DCFS told court Dad's wherabouts where unknown and for some reason no visitation was even ordered for dad. Meanwhile dad was never notified of dependancy action and son was placed in long-term relative placement.....
    To move ahead further, when dad did find out by being served with papers for child support he automatically started arranging for an attorney to get custody. However, DCFS had already closed case and when we petitioned to have case reopened it was denied because dad was non-offending parent. At this point judge informed dad to sue grandparents for custody.
    Of course, at this point attorney wanted more money, which we could not afford... Moving further along dad has stayed in constant contact with his son as much as he is allowed to thanks to son not being home or in bed already at 8 p.m.(14 yr old). We where able to have SS here summer of 05 but grandmother said no to last year because she didn't like SS saying he wanted to live with us.
     Now we receive phone call Januaury 1st, notifying us stepson was put in a detention facility, failing miserably in school, on probation, sniffing aerosol cans, and tested positive for dope. We can not afford another attorney, and are doing this pro se now.
    Grandmother is saying we can not do anything until SS gets off probation. We are trying to convince her it would be best to allow him to live here since he is getting out of control with them. Stepson (now 15) wants to be here with dad, myself, and other siblings. We have witnesses in Florida, (other grandparents and even Mom)  that say we have to get him out of this situation before he does something bad and noone can help him.  

(1)My question is, can this be classified under an emergency petition for change of custody?

(2) Does a change of custody have to wait until he gets off of probation?


Sorry so long I tried to shorten it up as we are more worried about now more then what happened back with the lies in court.


socrateaser

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RE: Can we do this now?
« Reply #1 on: Jan 09, 2007, 10:36:25 AM »
>(1)My question is, can this be classified under an emergency petition for change of custody?

No, because there's no emergency.

>(2) Does a change of custody have to wait until he gets off of probation?

Not necessarily. The problem is that the court would be unlikely to allow the child to be removed from the jurisdiction of FL until probation is complete, which would make it practically impossible to obtain a final decision. But, that doesn't stop you from starting a legal action now.

The easiest solution would be if the grandparents agree to relinquish their guardianship of the child, then you can file a joint motion for entry of stipulated custody mod and the court will likely order custody to father, and that will be the end of the entire matter.

If not, then you must petition the juvenile/probate court to have the grandparent's guardianship terminated and the child returned to your custody (in other words -- sue the grandparents for custody). This will be messy and expensive, and nearly impossible to do without an attorney.

mistoffolees

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RE: Can we do this now?
« Reply #2 on: Jan 09, 2007, 11:22:01 AM »
>>(1)My question is, can this be classified under an emergency
>petition for change of custody?
>
>No, because there's no emergency.

Could they possibly make a case that the following constitutes an emergency?

"Now we receive phone call Januaury 1st, notifying us stepson was put in a detention facility, failing miserably in school, on probation, sniffing aerosol cans, and tested positive for dope."

socrateaser

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RE: Can we do this now?
« Reply #3 on: Jan 09, 2007, 11:33:45 AM »
>>>(1)My question is, can this be classified under an
>emergency
>>petition for change of custody?
>>
>>No, because there's no emergency.
>
>Could they possibly make a case that the following constitutes
>an emergency?
>
>"Now we receive phone call Januaury 1st, notifying us stepson
>was put in a detention facility, failing miserably in school,
>on probation, sniffing aerosol cans, and tested positive for
>dope."

Maybe. But, the juvenile court is not going to just release the kid to a different parent at an emergency hearing, prior to probation ending, so all the emergency hearing will achieve is an order for a GAL to be appointed to represent the child's interests, which is what will happen when you petition the court for custody and move for a temporary custody order.

Either way, you're petitioning the court for custody and asking for temp custody, so the question is, do you reasonably believe that the child will suffer irreparable harm between the time that you petition and get your first motion hearing (less than 30 days)? If so, then petition and then move for an emergency hearing.

I'm not seeing an emergency -- just a very screwed up kid.

 

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