Custody-ASAP

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kahala

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I would like to know if once a ruling has been set in place, it can be over turned, with regards to kid custody?
I'm going to try and start this from the beginning, a few years prior to the kids. In 2000 my wife and I were in divorce proceedings and my daughter Morgan at the time was in 9th grade. Our break up hit her very hard and she went seeking someone to talk with and lean on, since " in her words" her mother didn't have time to discuss matters of concern with her. Morgan landed -met a boy who was to say the least, not a good person. He verbally, phyically and maybe sexually abused her. I come to find out that her mother once again, didn't have the time for her on this matter either. I am learning about these things almost 10 years later, as her mother, my wife at the time kept many things from me, about my children.
Morgan breaks up with boy #1 and heads for boy#2.. who I did know a little, but was told later that he too, verbally abused my daughter. Now on to boy#3, introduced to morgan by her older sister.
We will call him T. Time moves on, T introduces Morgan to Meth. Then in 2006 Morgan give birth, her son Ryan. T and Morgan continue to use off and on, then T gets hit with felony charges, does some time and then is told either to do more time or extended Rehap. He goes for the Rehap program and completes it. Meanwhile , morgan is still using and racking up her own felony charges. Morgan in in 2009, give bith to another boy, by the same father. This time, Morgan is found to have Meth in her system, CPS steps in and takes both kids.
ok, here's where I need to find out about something. T decides he is a better person than my daughter, he has gone to Rehap and is clean. He has also come to the conclusion that he doesn't care for Morgan, but instead does want his kids. T's mother, who plays a big part in this, is running the show behind the scene. T and his mother go to court and put in an order to get custody of the two boys, Ryan and Hayden
In the petition, there is no room for Morgan to explain her side, or lets say, talk about her ex boyfriend T. The papers call for imediate temparay protection. The boys are given to T and his parents.
My daughter I believe has now finally given up all hope on life. From the divorce to losing her kids, and it all started with,, because she cared for her parents and couldn't understand the break up. This is a girl who is not really here, in my opinion. There seem to be a small light, but once she felt she had been beatin down again, metally colapsed, I think.
On the side of her boyfriend, it is like a unbelievable story. T introduces Meth to my daughter, gets her pregnant twice, Never pays child support, doesn't sign on the the birth certificate on the first child Ryan, continues to use illegal drugs and has been granted custody of the two boys. With my daughter's depression of how her life is unfolding, I don't think she has the strength to fight this case anymore and will probaby lose in court.
T's parents were told that he needed to live at home after Rehap, so they allowed their son to stay in a shed in the back yard, basically a tool shed. No amenities.
T's parents have hired a Lawyer, but I believe it is to batter the " no child support" of three years. I am guessing that if he gets custody, his lawyer will ask for that back fees to be dropped.
My daughter spent three years raising and supporting her son Ryan.
.
Can I fight any of this? I have taken hundreds of photos of Ryan and Ryan runs to me at 90 per hour, when he sees me. He and I are a team, and love each other very much.
Can I fight this and win and get custody of Ryan and Hayden ?
My daughter needs help, and this is my last hope.

Thanks Bill

I would like to add, that in the last three years, T has very little time seeing his son Ryan, Possibly 4 or 5 times a year, he just didn't care to see and visit or be a father to Ryan.
Now Ryan is faced with a father, man in his life and two adults, grandparents that he does NOT know. T also has a new girlfriend, and I am told by my daughter that Ryan still doesn't see his father very much. The courts told my daughter that she could see her son, called " Fair and Reasonable Time" but every time she phone to ask to visit, she is told No. Ryan has told his mother that the reason she doesn't see him crying anymore, is that Ryan was told by the new father and grandparents, that it is wrong to cry. Just typing this make me cry ....
...Sincerely, Bill
seychelle2007@yahoo.com
 
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The father's and mother's rights to the children are superior to anyone else's. Since your daughter is losing custody due to her addiction, the father is entitled to custody.

If the children lived with you or the grandmother, then there may be a very slim chance that one of you can petition for custody depending on your state, and you will need an attorney for that.

None of the background information is really relevant to the custody proceedings.

Sorry I can't be more hopeful, but it wouldn't hurt to get an initial consultation with a family law attorney in your area.
 
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