custody of chid from grandparetns

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I am not at all saying to take rights from the parents. I am saying, if the girl feels as if she is in a dangerous situation, (and she herself said she was taken on drug runs with the boyfriend of her mom and she was thrown down a flight of stairs) that she could talk to the court with her grandparents and see if she can live with her grandparents until a hearing is scheduled. At 14 years of age, and being exposed to so much, the likelihood of her getting into drugs herself seem high to me. My grandchildren were caught in a crossfire between both mother and father's drug habits and violence. I know that the law is different for each state, but, had I not gone to the courthouse and told them my grandchildren's situation, I feel justice for them would have been delayed, and one of them could have been seriously hurt. I have a case worker for my grandchildren and I certainly did not get the pick of the litter. I have had to do the footwork myself to see that it got done. I'm not saying all caseworkers are like that, but my grandchildrens was. I'm not saying not to get an attorney, if you have the money it is an excellent way to go. I am not that priviledge where I could support them and hire an attorney. If she is supported by her grandparents with what she is saying, then ask questions! Go to your courthouse in your state and ask ask ask!
 
by saying, go to your courthouse, I wouldn't think they would tell you to do anything that would steer you in the wrong direction. Proserpina and ArmyJudge, I feel as if I have stepped on your toes for some reason. I only offered another road traveled. Proserpina, if you are with CPS, sorry if cannot validate what you are saying. It is only my opinion.
 
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Lawyers do not circumvent the law, contrary to popular belief.
Lawyers adhere to a very stringent code of ethics, which does not include 'circumventing' the law!

I believe they should not circumvent the law and they should adhere to a very tringent code of ethics. I hired a lawyer myself for a very simple divorce 3 years ago. I paid him in full and I have no divorce and a lawyer that will not return my phone calls. I have called the bar association to get a complaint form. He will be investigated. In the meantime, I am out $1000.00. Again, I guess I just didn't get the pick of the litter, and I'm sure not all lawyers practice this way, but what do you do when you are the victim of your own attorney?
 
fauxcindy said:
I am not at all saying to take rights from the parents. I am saying, if the girl feels as if she is in a dangerous situation, (and she herself said she was taken on drug runs with the boyfriend of her mom and she was thrown down a flight of stairs) that she could talk to the court with her grandparents and see if she can live with her grandparents until a hearing is scheduled.
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No she cannot. This CHILD has no standing, whatsoever, to talk to a judge without a motion being filed.


At 14 years of age, and being exposed to so much, the likelihood of her getting into drugs herself seem high to me.
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But here's the thing - THERE IS NO PROOF. Do you really think that every time a kid, or an NCP decides that they want custody changed that they can simply walk down to the courthouse and bingo?! Temp custody is awarded?

It doesn't happen that way.

My grandchildren were caught in a crossfire between both mother and father's drug habits and violence. I know that the law is different for each state, but, had I not gone to the courthouse and told them my grandchildren's situation, I feel justice for them would have been delayed, and one of them could have been seriously hurt. I have a case worker for my grandchildren and I certainly did not get the pick of the litter. I have had to do the footwork myself to see that it got done. I'm not saying all caseworkers are like that, but my grandchildrens was. I'm not saying not to get an attorney, if you have the money it is an excellent way to go. I am not that priviledge where I could support them and hire an attorney. If she is supported by her grandparents with what she is saying, then ask questions! Go to your courthouse in your state and ask ask ask!
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Please - stop. This CHILD has NO STANDING to go to court and request anything other than a bathroom pass.

Her grandparents, however - as was advised way back on page 1 - should speak with an attorney.

You also, Faux, understand that you cannot just walk into court, demand a hearing and expect to be heard the same day.
 
fauxcindy said:
by saying, go to your courthouse, I wouldn't think they would tell you to do anything that would steer you in the wrong direction. Proserpina and ArmyJudge, I feel as if I have stepped on your toes for some reason. I only offered another road traveled. Proserpina, if you are with CPS, sorry if cannot validate what you are saying. It is only my opinion.
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No, you advised a course of action which actually circumvents the legal rights of the parents. I'm not "with" CPS at all.

Don't you see? Do you think it's ok for any third party to simply walk into court and demand temporary custody without so much as an investigation? In OP's circumstances, there is simply NO evidence of abuse. None.

Can you envision a system in which every bitter non-custodial parent can go marching right on down to court to say "hey, my ex is abusing my kid....I want custody!", and a judge saying "oh, ok...".

NO. This is NOT right.
 
And for what it's worth, no court employee will give you legal advice if they're not an attorney. They're simply not allowed to do so. They MAY tell you which forms to file, etc, but other than that? Nope.
 
fauxcindy said:
Lawyers do not circumvent the law, contrary to popular belief.
Lawyers adhere to a very stringent code of ethics, which does not include 'circumventing' the law!

I believe they should not circumvent the law and they should adhere to a very tringent code of ethics. I hired a lawyer myself for a very simple divorce 3 years ago. I paid him in full and I have no divorce and a lawyer that will not return my phone calls. I have called the bar association to get a complaint form. He will be investigated. In the meantime, I am out $1000.00. Again, I guess I just didn't get the pick of the litter, and I'm sure not all lawyers practice this way, but what do you do when you are the victim of your own attorney?
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I don't know, but you don't use your own dissatisfaction to mount your own agenda elsewhere :)
 
I never said for the "CHILD" to go to the courthouse alone. If you read anything I wrote, you would know that. I believe I said "If she is in a place where she is scared to be there and her grandparents concurs, there are ways to get out of there until you can have a legal hearing to hear both sides......just sayin"
 
I never said they give you advice, and yes, they did give me forms to fill out. I did so while I was there and the Judge granted the TEMPORARY CUSTODY UNTIL WE ALL CAME TOGETHER FOR A LEGAL HEARING.
 
fauxcindy said:
wow, you are really on the defense here. Are we suppose to bring proof to a chat room?
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If you want to give validity to your advice? Yes, actually. We're supposed to try and help the original posters.

Your situation is not the same as the original poster's situation, and this alone means that your posts aren't necessarily helping her; what she needs is something appropriate, and relevant to both her situation and her state.

It really is that simple.

I doubt anyone is being defensive here -- rather, we'd rather not see false hope being given, or anyone suggesting that there are loopholes which may either circumvent the law, or the parents' constitutional rights.

See where I'm coming from here?
 
I'm sure there is more to the story, and that is why you have a hearing. If, and if is a large word here, the story is true there is in some states such a thing as emergency custody.
 
fauxcindy said:
I never said they give you advice, and yes, they did give me forms to fill out. I did so while I was there and the Judge granted the TEMPORARY CUSTODY UNTIL WE ALL CAME TOGETHER FOR A LEGAL HEARING.
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Perhaps you can simply say:

Please have your grandparents speak with an attorney.


You know, kind of like we did earlier?
 
fauxcindy said:
I'm sure there is more to the story, and that is why you have a hearing. If, and if is a large word here, the story is true there is in some states such a thing as emergency custody.
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With a third party, and without evidence?

Rarer than a blue moon during Samhain, that is.
 
I see where you are coming from, I don't think you are seeing where she or I are coming from. I am not saying to do anything outside the law, and as far as similarity goes, I could very well have been her grandparent. She described my grandchildrens life.
 
fauxcindy said:
Lawyers do not circumvent the law, contrary to popular belief.
Lawyers adhere to a very stringent code of ethics, which does not include 'circumventing' the law!

I believe they should not circumvent the law and they should adhere to a very tringent code of ethics. I hired a lawyer myself for a very simple divorce 3 years ago. I paid him in full and I have no divorce and a lawyer that will not return my phone calls. I have called the bar association to get a complaint form. He will be investigated. In the meantime, I am out $1000.00. Again, I guess I just didn't get the pick of the litter, and I'm sure not all lawyers practice this way, but what do you do when you are the victim of your own attorney?
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Okay, I will play tit for tat. I had a client that signed a retainer to pay me a $3,000 fee to represent him in a criminal matter. He was to pay $1,000 down and the remainder within 30 days. He never paid me another dime, even though I got him acquitted before a jury. Now, I don't go around saying all criminal defendants are deadbeats, because one was. I also continue to do lots if pro bono work, gladly!


Sent from my iPhone using Tapatalk
 
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