Gaurdianship

J

Jim Oaks

New Member
Jurisdiction
Indiana
Hello,
I will try to keep this short
A child has been living with us becuase the legal parent was unfit. It started out for just a few days a week, then once the child became of school age it, it turned to all weekdays.

Then 24/7/365 for 9 years. The other family members begged us to take her in beause the legal parent has "issues".

We just found out the legal parent has been getting 2k a month in SS benefits since they adopted the child, yet we have never seen a dime.

The legal parent would also burrow thousands of dollars from us to avoid tax penalties. We now want the back pay for the 9 years at 2k a month.

Legal advice told us we could get gaurdianship but the money (back pay) was not guaranteed.

We are at an impasse becuase we can no longer support the child with out help which the legal parent refuses to give.

We know we could turn in the legal parent for fraud of collecting benefits for the child they nevered housed/raised but that nets us nothing and puts the child in foster care.

Thoughts?
 
Jim Oaks said:
Hello,
I will try to keep this short
A child has been living with us becuase the legal parent was unfit. It started out for just a few days a week, then once the child became of school age it, it turned to all weekdays.

Then 24/7/365 for 9 years. The other family members begged us to take her in beause the legal parent has "issues".

We just found out the legal parent has been getting 2k a month in SS benefits since they adopted the child, yet we have never seen a dime.

The legal parent would also burrow thousands of dollars from us to avoid tax penalties. We now want the back pay for the 9 years at 2k a month.

Legal advice told us we could get gaurdianship but the money (back pay) was not guaranteed.

We are at an impasse becuase we can no longer support the child with out help which the legal parent refuses to give.

We know we could turn in the legal parent for fraud of collecting benefits for the child they nevered housed/raised but that nets us nothing and puts the child in foster care.

Thoughts?
Click to expand...
Was this guardianship done through the court or just a private agreement? Did you ever report this "unfit" mother and father to CPS?
 
No we did report the legal parent becuase other family members told us not to.

Not really an agreement, it was just talk about how it is easier for the legal parent if the child stayed with us. She used to visit every day. Then it went to once a week, now it is a text once a month.

We were/are under huge pressure from the family to not say or do anything to the legal parent.
We are tired of doing the right thing and the bad people are profitting.
 
You aren't entitled to anything for the last 9 years. Furthermore, it's not even clear that the legal parent has done anything wrong. May I ask...who are you in relation to the parent? Also, where is the father?
 
Zigner said:
You aren't entitled to anything for the last 9 years. Furthermore, it's not even clear that the legal parent has done anything wrong. May I ask...who are you in relation to the parent? Also, where is the father?
Click to expand...
So a child can be dropped off at someones house for 10+ years and the legal parent suffers no consequences?

I am the brother in law
The mother and father of child gave up legal rights.
The current legal gaurdian has full custody.

Also, I am pretty sure taking money from the government for a child that isnt living with you is fraud.
 
Last edited:
Jim Oaks said:
Legal advice told us we could get gaurdianship but the money (back pay) was not guaranteed.
Click to expand...

There you go, citizen, a competent lawyer has already advised you.

According to the lawyer you consulted, there will be no money for you.

Jim Oaks said:
No we did report the legal parent becuase other family members told us not to.
Click to expand...

Good for you, now you need only follow up on your report.

I've provided you the contact details below.

Jim Oaks said:
We are at an impasse becuase we can no longer support the child with out help which the legal parent refuses to give.
Click to expand...

If you no longer wish to financially support the child, all you need to do to get your wish is contact the child services agency in your state.

Here is what your child services agency has to say regarding their services:

Indiana's Child Protective Services (CPS), protects Indiana's children from further abuse or neglect and prevents, remedies, or assists in solving problems that may result in abuse, neglect, exploitation, or delinquency of children.

CPS operates a toll-free hotline (1-800-800-5556) for people to call and report suspected cases of child abuse or neglect. Although reports can be made in person or by correspondence, the vast majority of child abuse and neglect reports are made via telephone. CPS receives and initiates investigations of child maltreatment on a 24-hour basis.

Investigations of abuse or neglect may be substantiated or unsubstantiated. The child's safety is the paramount concern for child protective staff conducting investigations. Families receive services based on the severity of the abuse or neglect, an assessment of the child's and the family's needs, and an assessment of the relative safety and risk to the child in the home.

The Family Preservation Program carries out the agency's goals to prevent unnecessary separation from their families by identifying family problems and assisting families in resolving them.

DCS also seeks to return children who have been removed from their own homes to their families through the provision of services to the child and family.

For more information on what constitutes child maltreatment, visit the Child Welfare Information Gateway Home - Child Welfare Information Gateway

The Family Preservation Program carries out the Bureau's goals to prevent unnecessary separation of children from their families by identifying family problems and assisting families in resolving them.

The Bureau also seeks to return children who have been removed from their own homes to their families through the provision of services to the child and family.

The Family Preservation Program provides services to prevent out-of-home placement or reunifies children and their families in cases of substantiated reports of child abuse or neglect. Services offered to families include:

education
counseling
visitation
sexual abuse treatment
parent aides
homemaker services
home-based family services

The program carries out these goals through the following services:

Informal Adjustments - agreements made by the family case manager, the child's parent(s) guardian, custodian, attorney and other involved parties when a family admits to a problem and the child is at minimal risk in the home.

The agreement is filed with the juvenile court, must be approved by the court, and may include many of the above-noted services.

Services to a Child in Need of Services (CHINS) - services to children made wards of the court include case planning, periodic case review and many of the services mentioned above.

DCS: Child Protective Services

Reunification Services - services provided to families when a child who has been removed from the family has a goal to return to the family. Any or all of the above-noted services may be offered.
 
Jim Oaks said:
We know we could turn in the legal parent for fraud of collecting benefits for the child they nevered housed/raised but that nets us nothing and puts the child in foster care.

Thoughts?
Click to expand...


You have the self satisfaction in knowing that you and yours stepped up when no else was willing and protected, nurtured, educated, loved, a child abandoned by it's lackluster, slug, birth parents.

There is no amount of money that could ever compensate a loving person for doing what others failed to do, simply because YOU and YOURS possess a servant's heart.

You've already received ginormous compensation because the child returned the love you offered!

Jim Oaks said:
Also, I am pretty sure taking money from the government for a child that isnt living with you is fraud.
Click to expand...

If you wish something done about THAT, drop a dime, eat some cheese,
call 1-800-RATOUT, tell the police, tell social security, tell anyone what you know; someone will suffer for their alleged criminal activities.
 
army judge said:
There you go, citizen, a competent lawyer has already advised you.

According to the lawyer you consulted, there will be no money for you.
Click to expand...
America! Am i rite?

Got it my new plan for life:
Get child
Secure monies for gubment
Drop off at friends house
Cackle all the way to the bank
 
Jim Oaks said:
So a child can be dropped off at someones house for 10+ years and the legal parent suffers no consequences?

I am the brother in law
The mother and father of child gave up legal rights.
The current legal gaurdian has full custody.
Click to expand...

The BIL of whom?
You said that there was no judges order of guardianship...so how does the acting guardian have legal guardianship? "Giving up rights" or voluntarily relinquishing parental rights is a legal process. Per your postings there was no legal process and Mom and Dad just dropped this child off with you.

There were no consequences because it wasn't reported. The "system" aren't mind readers...they have to be told that something fishy is going on in order to act upon it.

I suggest you consult a very good Family Law attorney to find out how to legalize this arrangement. Hopefully you have the records to prove that this child has been in your care for the last decade...school records, Pedi, dentist...etc..

You will need to file for custody and child support...the support will be retroactive to the date of filing.





...
 
Sorry all I am just frustrated.

Hearing that the legal parent just pocketed over 200k with no repercussions is disheartening.

Again we can turn them in for fraud by that hurts the child since we have no legal right to them amd cps/dcfs would just put her into foster care.
 
Jim Oaks said:
America! Am i rite?

Got it my new plan for life:
Get child
Secure monies for gubment
Drop off at friends house
Cackle all the way to the bank
Click to expand...
You allowed it because you did nothing. Instead of notifying CPS that your SIL/BIL abandoned their newly adopted child as soon as the ink dried on the adoption papers...you, and apparently the rest of the family, kept your lips zipped.
 
Jim Oaks said:
Sorry all I am just frustrated.

Hearing that the legal parent just pocketed over 200k with no repercussions is disheartening.

Again we can turn them in for fraud by that hurts the child since we have no legal right to them amd cps/dcfs would just put her into foster care.
Click to expand...
Most likely CPS would allow you and your wife to continue to care for the child...unless you have some criminal record that would disqualify you for kinship/foster care. They would do a background check on all adult household members.
 
Jim Oaks said:
Hearing that the legal parent just pocketed over 200k with no repercussions is disheartening.
Click to expand...

The truth is that those who knew about the sordid little scam said nothing.

Silence of others allowed the evil to be done to the child, the taxpayers, and to yourselves.

It might be time to man up or woman up and do the right thing.
 
If the money was coming from Social Security... The child would have to a payee for the money. The payee would have to fill out yearly forms showing the money was spent to take care of the child. If that is the case.... wouldn't that be criminal?
 
Disabled Vet said:
If the money was coming from Social Security... The child would have to a payee for the money. The payee would have to fill out yearly forms showing the money was spent to take care of the child. If that is the case.... wouldn't that be criminal?
Click to expand...
Humm...I was assuming OP meant the parents were getting money through Social Services due to the adoption...generally when one adopts through the foster system one may receive a stipend ...but 2k seems like a really high amount.

@Jim Oaks Who told you that the mother was getting 2k a month and through what agency is she allegedly getting this money?
 
Jim Oaks said:
So a child can be dropped off at someones house for 10+ years and the legal parent suffers no consequences?

I am the brother in law
The mother and father of child gave up legal rights.
The current legal gaurdian has full custody.

Also, I am pretty sure taking money from the government for a child that isnt living with you is fraud.
Click to expand...

The biological parents are irrelevant if the child has been adopted by the legal parent.

You need to go to court and petition for legal guardianship. After that, you can petition for child support from the legal parent(s).
 
justblue said:
Humm...I was assuming OP meant the parents were getting money through Social Services due to the adoption...generally when one adopts through the foster system one may receive a stipend ...but 2k seems like a really high amount.

@Jim Oaks Who told you that the mother was getting 2k a month and through what agency is she allegedly getting this money?
Click to expand...
Another family member told us about the money.
It is a social security disability payment
 
justblue said:
She's not getting 2k a month...maybe 6/7 hundred, but not 2k. What is the childs disability? Do you provide the child's insurance? How old is the child?
Click to expand...
The child doesnt have a disability
Your questions are not pertinent to the original question

It is already been stated that we wont get the back pay. Maybe we need a civil litigator to just bring suit for the money.
 

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