Dad won't get an emergency hearing as there is no emergency - the kids are obviously fine and in no danger. They will not grant an emergency hearing just because dad wants them back in his home...
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Show posts MenuQuote from: Spaceman1982 on Oct 11, 2011, 09:06:12 PMQuote from: txmom702 on Oct 07, 2011, 01:54:20 PMQuote from: Kitty C. on Oct 07, 2011, 09:07:28 AM
You're certain of that?
Honestly, this scenario is not unique. And I ran it by a CASA, a GAL, and an attorney - these are their answers.
So ummm yeah, I'm fairly certain....
A judge will not take a child away from the family that it knows and give it to a person they don't know at all. Regardless of biology.
There is also the fact that dad is out of state. According to an attorney:
"If the state removes the child they are LEGALLY NOT ALLOWED to place the child with someone in another state without an INTERSTATE COMPACT being completed and approved by the other state. Unless and until that happens, the child will NOT be placed with someone in another state by a state agency. They can NOT do that under the law. If they did, the agency doing the placement could find themselves in major trouble legally. An interstate compact could take several months to complete."
Best dad can hope for right now is a visitation schedule w/ an introductory period...
Well since the support order is from Cali, means Cali has home field advantage. Unless they are willing to give up that right. And I would assume the argument could easily be made that GREAT grandparents are getting to a age where they could become unsuitable physically to raise child.
and I can use a Karma button as well.
Quote from: Kitty C. on Oct 07, 2011, 09:07:28 AM
You're certain of that?