My jurisdiction is: Kansas, USA
At the divorce hearing the Judge awarded temporary custody to our ex son-in-law until our daughter could get her thyroid cancer taken care of. This was in South Carolina. They had two children together. Our daughter came home to Kansas to be with family who could help her with her health problems and help take care of her. She kept in close contact with the children through phone calls, photos, etc. After a year she was ready to have the children back and took the necessary steps to do so. The children's father started ignoring her phone calls and would not set up a time for her to get the children. She reported him to the guardian ad litum who called him into court over the matter. He went, was found in contempt and also failed a drug test. He was told for the second time to get help for his drug problem and to turn the children over to our daughter. He then ran to Georgia with the children and failed to report to the guardian ad litum. An arrest was put out for him. He was gone for about a month and returned to SC where he was arrested. His parental rights were also terminated. Okay, here is where it gets tricky and where the question comes in. When he was arrested the 2nd time the children were taken by the DDS to be put into temporary emergency foster care until our daughter could pick them up. The little girl, 5, was running an extremely high fever and was taken to the Dr. who immediately put her into the hospital. It was found she had severe urinary and bladder infection, also an STD. It was found in the hospital that she had been molested repeatedly. She was in the hospital for almost 3 weeks. Counselors were brought in and she told them that daddy had done this to her. Our daughter was told that her daughter would need intensive therapy and they wanted that to continue with the same counselor she had started with. They also taped this therapy to be used in court. The DDS also would not let our daughter talk to her little girl because they said they did not want the child to be influenced. To make a long story shorter, finally the guardian told our daughter she could come get her daughter. Our daughter bought plant tickets and the guardian changed her mind and said no, the child needed more therapy. She did this to our daughter 3 times. Finally she told our daughter that she would have to move back to SC so the child could just continue therapy witht he same counselor. At this point my daughter called the Judge who had handled everything, the seperation, the divorce, the custody, the contempt of the father, etc. The Judge signed papers stating that the guardian was fired, and that our daughter could bring her children to Kansas as long as she sent proof back that she was continuing her daughter's therapy here with a counselor. He also stated that the state of SC would fly the children back to her at SC's expense. The foster father flew with the children and had a layover in Cincinanatti. In the meanwhile our ex son-in-law had his preliminary hearing for the incest charges and his lawyer insists that our grandaughter had to be at the trial to testify in person. When the foster father tried to board with the children at Cincinatti for the final leg of the flight to Kansas he was stopped and told by court order he had to return with the children to SC because our grandaughter had to testify in October when the trial comes up. So...finally my question is...who has legal jurisdiction here...the Judge who said the children could come here or the Judge and DDS who have ordered the children back in SC? Sorry this is so long and rambling but it is kind of complicated to explain. Thank you
At the divorce hearing the Judge awarded temporary custody to our ex son-in-law until our daughter could get her thyroid cancer taken care of. This was in South Carolina. They had two children together. Our daughter came home to Kansas to be with family who could help her with her health problems and help take care of her. She kept in close contact with the children through phone calls, photos, etc. After a year she was ready to have the children back and took the necessary steps to do so. The children's father started ignoring her phone calls and would not set up a time for her to get the children. She reported him to the guardian ad litum who called him into court over the matter. He went, was found in contempt and also failed a drug test. He was told for the second time to get help for his drug problem and to turn the children over to our daughter. He then ran to Georgia with the children and failed to report to the guardian ad litum. An arrest was put out for him. He was gone for about a month and returned to SC where he was arrested. His parental rights were also terminated. Okay, here is where it gets tricky and where the question comes in. When he was arrested the 2nd time the children were taken by the DDS to be put into temporary emergency foster care until our daughter could pick them up. The little girl, 5, was running an extremely high fever and was taken to the Dr. who immediately put her into the hospital. It was found she had severe urinary and bladder infection, also an STD. It was found in the hospital that she had been molested repeatedly. She was in the hospital for almost 3 weeks. Counselors were brought in and she told them that daddy had done this to her. Our daughter was told that her daughter would need intensive therapy and they wanted that to continue with the same counselor she had started with. They also taped this therapy to be used in court. The DDS also would not let our daughter talk to her little girl because they said they did not want the child to be influenced. To make a long story shorter, finally the guardian told our daughter she could come get her daughter. Our daughter bought plant tickets and the guardian changed her mind and said no, the child needed more therapy. She did this to our daughter 3 times. Finally she told our daughter that she would have to move back to SC so the child could just continue therapy witht he same counselor. At this point my daughter called the Judge who had handled everything, the seperation, the divorce, the custody, the contempt of the father, etc. The Judge signed papers stating that the guardian was fired, and that our daughter could bring her children to Kansas as long as she sent proof back that she was continuing her daughter's therapy here with a counselor. He also stated that the state of SC would fly the children back to her at SC's expense. The foster father flew with the children and had a layover in Cincinanatti. In the meanwhile our ex son-in-law had his preliminary hearing for the incest charges and his lawyer insists that our grandaughter had to be at the trial to testify in person. When the foster father tried to board with the children at Cincinatti for the final leg of the flight to Kansas he was stopped and told by court order he had to return with the children to SC because our grandaughter had to testify in October when the trial comes up. So...finally my question is...who has legal jurisdiction here...the Judge who said the children could come here or the Judge and DDS who have ordered the children back in SC? Sorry this is so long and rambling but it is kind of complicated to explain. Thank you
