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Discussion in 'Human Resources' started by Renee', Mar 25, 2017.

  1. Renee'

    Renee' Law Topic Starter Member

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    Once a safety plan has been ratified by a judge does the safety plan then become court ordered?
     
  2. army judge

    army judge Super Moderator

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    It would more than likely become more than a plan, morphing as such into a court order!
     
  3. adjusterjack

    adjusterjack Super Moderator

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    I would think that anything ratified by a judge would BE a court order.

    How about you provide some details about what is happening to you and why you are asking the question.
     
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  4. Renee'

    Renee' Law Topic Starter Member

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    D h.r got a call that my son was staying in a trailer with no electric or water.and when they went to said trailer the worker stated that it appeared no one lived there. So they went to my sister in laws and took my son from there when I wasn't home. We were living there with lights water and anything else we needed. They placed him in a " safety plan" with his adjudicated dad. Who my son didn't know until now. This plan has gone on for ten months. My son is being kept from me. They won't let him visit the way we agreed in the plan nor will they let him call. At his games he gas been told not to acknowledge me or he will be punished. And he told me that the adjudicated dad and his wife who previously abused another step child told him if he tells anything he will go into foster care and never see me. again.so I was just gonna take my son. Adjudicated dad has never been proven to be his dad not on birth certificate no DNA.never paid support. And he willingly signed a concent to adopt back in 2005 when my daughter was killed. My son I'm referring to is my grandson. He was 8 months old when my daughter was killed. ..But the judge ratified the plan and dad wants custody
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Your daughter's death is tragic.

    Unfortunately, you are the child's grandmother and, as such, have little or no right to custody of the child as long as the child was placed with the "adjudicated" father by the court.

    So, yes, it's a court order and you have little hope of overcoming it.

    I suggest you consult a lawyer and review your options.
     
  6. Renee'

    Renee' Law Topic Starter Member

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    I have. Dismissed two. Husband and wife. 7,500 and hired a new 2,500. Not much left to do with. But I learned our court date is the 4 th of April. Pray for my family. Thank you
     
  7. Renee'

    Renee' Law Topic Starter Member

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    It Wil be hard on my son for the past 12 yrs I've been mom . loved him as a son raised him as my son protected him. And these strangers have him and he is being mentally and emotionally abused. The day of my daughters funeral I told adjudicated dad that I would continue working and he wouldn't have to. My husband and I would take care of him and my son. He said " can't do it naynae" I ask . what do I tell my son /grandson. He said" tell him his " dad" had to live his life"
     
  8. hrforme

    hrforme Active Member

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    I am sorry you are dealing with this now. But this is one reason why it's always best to tell the truth from the beginning. Your actions have allowed this situation to foster. Why did you or your daughter not allow this child to know his father throughout the years? You should have always remained grandma...not mom unless you legally adopted him at the time, which it doesn't sound like you did. Generally parents are going to have more rights than grandparents, unless you were able to get some type of court decision along the way.

    You truly may be the best person to raise this child, but unfortunately that is not what court decisions are always based upon. And your failure to include the father over time and to consider yourself the mom may not be looked on kindly by the courts.
     
  9. Renee'

    Renee' Law Topic Starter Member

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    My daughter was killed. This man had a chance and chose to walk away. Its a long story. This kind of sums it up. As I stated earlier...he said he didn't want to stay and be a part of my sons life. He said for me to tell him his daddy had to live his life. About 4 yrs ago He and his wife entered into the methadone clinic. Its 185.00 weekly they began a downward spirit. Selling things. House and cars. And my son has a trust account. I have never tried to keep him Out. But I sure wasn't going to let him come in and out. That's the only thing I said about it. I said. You Wil be in his life or not at all. No in and out. That would do more harm than good. I know first hand about that. And he said " can't naynae" I ask him what am I suppose to tell my son .. He said " tell him his daddy had to live his life"
     
  10. Renee'

    Renee' Law Topic Starter Member

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    He signed a concent to adopt . he has never paid support. He has not tried once to be in his life or u assure u he would have been. The court gave my husband and I custody
     
  11. ElleMD

    ElleMD Well-Known Member

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    The court apparently didn't give you custody as the father has custody. If the court deemed this guy the father, he is the father regardless of what happened between he and your daughter, or whether or not he signed the birth certificate. It isn't for you to decide the role the father should play in the child's life and when he has spent sufficient time to be deemed worthy to be part of that life.

    It is really difficult to follow your posts as your grammar is so poor and you use a lot of pronouns without explaining who you are referring to. Basically, if a judge found grounds to remove the child from you and place him with a parent, that stands. Unless the order specifies that you are entitled to certain visitation, you get to see the child when the legal parent says that you can.
     
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  12. Renee'

    Renee' Law Topic Starter Member

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  13. Renee'

    Renee' Law Topic Starter Member

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    The father, if he is indeed the father,had many chances to be in my sons life. He chose to live his life .From the day my son was born until my son turned 11. Thanks 4 ur input
     
  14. Renee'

    Renee' Law Topic Starter Member

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    On my daughter's behalf.

    My daughter was 17 had a baby with this dead beat dad .She worked 2 jobs without any help from the state . she was a full time student with two jobs. He had zero ...not in school nor was he employed. And walked out. For 11 years he " lived his life " so there. Just so ya know.
    That ones for you ASHLEY!!!
    Th a th a th a that's all folks
     
  15. army judge

    army judge Super Moderator

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    If the man claiming to be the father hasn't had his paternity established by DNA testing and a court order issued, I suggest you mention that to your lawyer.

    No promises, but that might be your life line, if it is, grab it!!!
     
  16. Renee'

    Renee' Law Topic Starter Member

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    Thank
     
  17. Renee'

    Renee' Law Topic Starter Member

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  18. ferretrick

    ferretrick Member

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    Child custody is not my area of expertise but I'm confused. Did you not go through the steps to finalize the adoption? I don't understand. If he signed away parental rights, and you legally adopted the child, this shouldn't be a question.
     
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  19. ElleMD

    ElleMD Well-Known Member

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    According to the court, he is the father. Whether you agree or not, this country affords rights to the parents that it does not afford to other relatives. Whether at some time in the past he agreed to allow someone else to fulfill that role or not, that person apparently did not follow through, which means this guy is still the legal parent with all the same rights as though he had been there 24/7 from day 1. In this country we don't just look at who is the "best" person to raise a child. No matter how good a parent someone is, there is always someone out there who could be better or give them more. If he at some point signed something to allow another person to adopt him, he has been the established legal father for some time. The signature of some random dude who is not the father wouldn't mean squat. Your best bet is to do everything in your power to make this easier and less stressful for the child.
     
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  20. Renee'

    Renee' Law Topic Starter Member

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    The attorneys who handled the case and lawsuit at the time were suppose to have filed the petition for us to adopt. . I thought for years that the adoption went through . I wasn't in My right frame of mind back then . having just lost my only daughter. I knew we had the custody papers. But they did that in a hurry because of the lawsuit. Still don't recall why it had to be done so quick.But to answer the question. No the mccleroy law firm did not file the petition
    When I ask them what happen concerning the adoption he responded by saying " an oversight" by then I just let it alone . I never dreamed anything like this would ever happen nor did I expect this boy to come around . He left when My son was 8 mo old. Two days after my daughters funeral with those famous words " tell the baby his dad had to live his life"
    So for almost 12 years my son had a good life. Now because adjudicated dad and wife are addicted to methadone , they are hard up for money and have some idea that He can access the trust account . its one big mess . a costly one at that. But No amount of money could compare to my child.And I didn't look at it as a lie ..I looked at it like my child deserved a mom and a dad. So it was and still is My prerogative to give him that.
    Thank you for your comment.
    Sorry my grammar isn't eloquent. I try.
     

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