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[AuntieB]

Hi Socrates,

Legal father was found at 0% probability of being my nephews biological father. My attorney had the clerk take the papers to the magistrate to remove legal father off the case completely. It was done!

My nephew is still with legal grandma, who now has no blood ties.

1) How do we get him out of there and in our home when children services is involved?

2) Will this be a fight with children services? (seeing they don't like removing children once placed and he's been there for 3 mo.)

3) Due to not being with a relative, do we have the upper hand now?


Thank you for any input!!!

[socrateaser]

>1) How do we get him out of there and in our home when
>children services is involved?

If the matter is in the hands of the juvenille court, then you must move for an order to (1) dismiss the matter and turn the child over to you, (2)  transfer the matter to the family court system for a custody hearing, (3) hold a custody hearing in juvenille court.

>
>2) Will this be a fight with children services? (seeing they
>don't like removing children once placed and he's been there
>for 3 mo.)

Right now, the State, represented by Childrens' Services is the other party. If the matter is moved to the family court, then the "grandparents" would be your opponent.


>
>3) Due to not being with a relative, do we have the upper hand
>now?

Well, the presumption that your actions are in the child's best interests, and it is upon the unrelated third party to demonstrate otherwise. However, an unrelated third party that can prove an established parent-child relationship, as is true in this case, will overcome the presumption, and then you will both be on equal footing to demonstrate who's actions are in the child's best interests.

What I don't understand is why these other grandparents would be interested in this child, once they understand that it is not actually related to them -- other than for the purpose of getting support money from you.

[AuntieB]

I would not owe them support. I am the Aunt, Not a parent to this child. I would not think the "grandparents" would have a leg to stand on since the Legal father was removed from the case completely. That is the "grandparents" son who was removed.

1) If he is removed from the case, wouldn't they place my nephew with us?

2) The "grandparents" never obtained an attorney, children services just gave the child over to them. Wouldn't not obtaining an attorney kind of hurt them? The GAL report stated the best interest of the child would be with us.


You are asking why the grandparents would still want my nephew since their son is no longer his "father" Well...Grandma is crazy, she screwed up her own children now she wants to give this child a different upbringing. She insists he call her mommy and she calls him son.

[socrateaser]

>I would not owe them support. I am the Aunt, Not a parent to
>this child. I would not think the "grandparents" would have a
>leg to stand on since the Legal father was removed from the
>case completely. That is the "grandparents" son who was
>removed.

When I refer to "you," I mean the parent, as if he/she were writing to me.

>
>1) If he is removed from the case, wouldn't they place my
>nephew with us?

The question is whether the grandparents have standing. They must show that you (the parent) are willfully acting against the child's best interests by terminating the relationship. Since they have physical custody, they may well be able to satisfy the court that this is the case. If they do, then you will be in a custody battle with an unrelated third party. Otherwise, you will have custody, and they will be declared legal strangers to the child, with no rights whatsoever.

>
>2) The "grandparents" never obtained an attorney, children
>services just gave the child over to them. Wouldn't not
>obtaining an attorney kind of hurt them? The GAL report stated
>the best interest of the child would be with us.

Courts almost invariably adopt the GAL's report. But, there are no guarantees in life.