1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Do I have any rights

Discussion in 'Grandparents Rights' started by Justsomean34, Mar 20, 2021.

  1. Justsomean34

    Justsomean34 Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Alabama
    Ok my grand son was born 2/28/21 he was premature, his birth date was April 14 2021, so my daughter tested positive for the, so she didn't go to jail, but DHR got involved ,and a safety plan was put in place for the baby ..so they discharged him and the day after he had a pediatrician appt, so when got there the doctor took his temperature and it was 94.6 so the doctor sent us to the hospital there my grand son was there 2 days, and the day of discharge DHR came and got my grandson and put him in foster care...
     
  2. army judge

    army judge Super Moderator

    Messages:
    32,924
    Likes Received:
    5,177
    Trophy Points:
    113

    Congratulations on the birth of your precious grandchild.
     
  3. justblue

    justblue Well-Known Member

    Messages:
    1,900
    Likes Received:
    824
    Trophy Points:
    113

    What specific "rights" are you asking about? Also what did your daughter test positive for? ...you stated : "my daughter tested positive for the"...what is "the"? THC? Was your daughter and grandson living with you when he was taken to the hospital with a dangerously low temp? What was the diagnosis? How old is your daughter? Was the drug use the cause of pre-term delivery?
     
  4. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    1,418
    Likes Received:
    768
    Trophy Points:
    113

    The state has put your grandchild in foster care because of concerns for his safety. Your daughter and the father have rights in this process and ought to see a family law attorney about what to do to best ensure that they can get their daughter returned to them safely. If your daughter is addicted to drugs that is a problem she'll need to address to get the child returned to her.

    Grandparents, on the other hand, do not have any intrinsic right to custody of their grandchildren in these situations. You can let the DHR know you'd like to be considered for providing foster care but the agency is not obligated to do that and in my experience generally child protection agencies will not place an at risk child with close relatives of the parents who created the risk because (1) of risks that the child would then be again exposed to the risks posed by the parents and (2) the grandparents have not been approved as foster care providers, and approval for that takes time.
     
    shadowbunny and zddoodah like this.
  5. flyingron

    flyingron Well-Known Member

    Messages:
    801
    Likes Received:
    370
    Trophy Points:
    63

    I agree with TM. There's a presumption that the natural parents (either or both) are intrinsically preferred as the custodian for the child. After that, everybody else just falls into the standard of determining what is in the "best interests of the child."
     
  6. zddoodah

    zddoodah Well-Known Member

    Messages:
    4,439
    Likes Received:
    1,171
    Trophy Points:
    113

    In any future posts, please make an effort to use something that resembles proper capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.

    Ummm...if your grandson was born on February 28, then April 14, 2021 (a date that is three weeks in the future) is most certainly not his birth date. I suspect you meant that was his due date.

    Tested positive for the what?

    Regarding your grandchild? No. You are, however, free to speak to the DHR case representative about having the child placed with you while your daughter deals with whatever issues caused the child to be removed from her (although the child's father would, in the abstract, be a more appropriate candidate).
     
  7. justblue

    justblue Well-Known Member

    Messages:
    1,900
    Likes Received:
    824
    Trophy Points:
    113

    Feb. 28 to April 14 is actually 6 and a half weeks. ;)
     
  8. zddoodah

    zddoodah Well-Known Member

    Messages:
    4,439
    Likes Received:
    1,171
    Trophy Points:
    113

    If this was directed to me, I was saying that 4/14 is three weeks (approximately) in the future from today.
     
    justblue likes this.
  9. justblue

    justblue Well-Known Member

    Messages:
    1,900
    Likes Received:
    824
    Trophy Points:
    113

    Gottcha. :)
     
  10. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,611
    Likes Received:
    2,588
    Trophy Points:
    113

    Makes sense. Three weeks from Feb 28 would be Mar 21.
     

Share This Page