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  1. #1
    Join Date
    Jan 2013
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    1

    Default What The Chances of Maintaining Custody After CPS Placement

    My question involves a child custody case from the State of: NY. My grandson is 3 1/2 years old. He has always lived in our home , for the first few months his mother (our daughter) did as well. When he was about 8 months old, his mother was usually gone with her boyfriend and they got into some trouble with lying to Social Services in an attempt to receive assistance, plus some theft, drug and domestic incidents , and CPS came in to remove our grandson from the home. Our daughter was never arrested but the boyfriend was. At that point, we were awarded temporary custody under an N docket case initiated by CPS. Since then our grandson has been with us with inconsistent visits from his mother.CPS agreed to bow out and the courts changed the N docket to V docket since neither our daughter nor the boyfriend would comply to court recommended drug testing, domestic abuse counseling and other mental health counseling. Boyfriend is on several meds and is an alcoholic we are pretty sure he should not be drinking while taking the medications he is taking. He is not working, and has a family that is regularly in the paper for arrests for domestic issues. Our daughter works full time now (for less than a year) but is still with the boyfriend. Occasionally we allow overnights (maybe 2 nights a month) for her with her son since she appears to be trying but it is stressful to allow this since we have so many issues with the boyfriend. We are stuck bw a rock and a hard place. We dont want to provoke her into going for custody but we dont like our grandson near the boyfriend OR our daughter bc you just never know. They are a volatile pair. Our question is this... she has hinted that she wants her son back before he starts school. We believe she cares for her son but seems to want him back for tax reasons, food stamps, etc. We do not feel she is ready for the 24/7 reality of a child, nor do we think the environment would be as stable as his life here. Do we have any rights as grandparents in this state? Could we retain custody if she petitioned for his return to her? This is by far, the most stressful thing we have ever gone through in our 32 years of marriage. Any advice is appreciated.

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: What Are Our Chances of Maintaining Custody

    You should seek several (hopefully free) consultations with some good family law attorneys in your area. I am in no position to advise you, but you will have a much better idea of where you stand after speaking with some. Good luck.

  3. #3
    Join Date
    Jan 2013
    Posts
    3

    Default What Rights do Grandparents Have in New York State

    My question involves a child custody case from the State of: NYMy question involves a child custody case from the State of: NY. My grandson is 3 1/2 years old. He has always lived in our home , for the first few months his mother (our daughter) did as well. When he was about 8 months old, his mother was usually gone with her boyfriend and they got into some trouble with lying to Social Services in an attempt to receive assistance, plus some theft, drug and domestic incidents , and CPS came in to remove our grandson from the home. Our daughter was never arrested but the boyfriend was. At that point, we were awarded temporary custody under an N docket case initiated by CPS. Since then our grandson has been with us with inconsistent visits from his mother.CPS agreed to bow out and the courts changed the N docket to V docket since neither our daughter nor the boyfriend would comply to court recommended drug testing, domestic abuse counseling and other mental health counseling. Boyfriend is on several meds and is an alcoholic we are pretty sure he should not be drinking while taking the medications he is taking. He is not working, and has a family that is regularly in the paper for arrests for domestic issues. Our daughter works full time now (for less than a year) but is still with the boyfriend. Occasionally we allow overnights (maybe 2 nights a month) for her with her son since she appears to be trying but it is stressful to allow this since we have so many issues with the boyfriend. We are stuck bw a rock and a hard place. We dont want to provoke her into going for custody but we dont like our grandson near the boyfriend OR our daughter bc you just never know. They are a volatile pair. Our question is this... she has hinted that she wants her son back before he starts school. We believe she cares for her son but seems to want him back for tax reasons, food stamps, etc. We do not feel she is ready for the 24/7 reality of a child, nor do we think the environment would be as stable as his life here. Do we have any rights as grandparents in this state? Could we retain custody if she petitioned for his return to her? This is by far, the most stressful thing we have ever gone through in our 32 years of marriage. Any advice is appreciated

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Do We Have Any Rights in Nys in Retaining Custody or Being Granted Visitation

    If she can prove to the court that she's now fit, she stands an excellent chance of getting her child back.

  5. #5
    Join Date
    Jan 2013
    Posts
    3

    Default Re: Do We Have Any Rights in Nys in Retaining Custody or Being Granted Visitation

    Thank you for your quick response. But if she does get him back, are there ever any court ordered visitation rights in NY to grandparents so she cant just cut us off. So I am guessing if she allows the boyfriend to watch our grandson while she works that is allowable if she has regained custody? Would you advise us to get an attorney? It is horrible to go through this with your own daughter, but we have serious concerns for the innocent grandson who didn't chose this mess.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Do We Have Any Rights in Nys in Retaining Custody or Being Granted Visitation

    Yes, it's very possible for a NY court to award GP visitation.

    And yes, I'd strongly advise you to get an attorney. There are things you need to consider though before suing your child.

    If you lose, even if you get court ordered visitation you cannot keep her in the state of NY. And that effectively means that if she moves out of state, the order will be - for all practical purposes - unenforceable.

    (This differs from a parent vs. parent case in a huge way, because if a parent withholds visitation from the other parent custody can be switched. This cannot happen in a GP vs. parent visitation suit. The parent can be fined, but that's about it)

    In other words, you may never see your grandchild again. You've really got to talk this through with an attorney.

  7. #7
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: What The Chances of Maintaining Custody After CPS Placement

    Quote Quoting janrose557
    View Post
    CPS agreed to bow out and the courts changed the N docket to V docket since neither our daughter nor the boyfriend would comply to court recommended drug testing, domestic abuse counseling and other mental health counseling.
    If in fact CPS gave up on... is it trying to reunify the child with his parents due to their refusal to comply with its programs... then there would be no present effort to effect reunification, correct? What does the court's order say about when custody might be restored to the parent(s) and what they must do before reunification will occur?

    If your daughter can drive and care for her child, the fact that her boyfriend (in your opinion) should do neither is not a basis to deny her the visitation ordered by the court. If you believe you need additional provisions in the order, such that you have discretion to deny visitation if the mother is with her boyfriend and either of them appear to be intoxicated (for whatever reason - prescriptions, alcohol, illicit substances, some combination thereof, or just because they chose not to get enough sleep and as a result present as red-eyed and nodding out), you can seek that amendment from the court. None of the boyfriend's being, in your opinion, an alcoholic (I know alcoholics who have been sober longer than I've been alive, and I'm considerably older than I want to admit), is on medication for medical conditions, or has family members who have committed domestic violence stand, of themselves, as a basis to deny the mother access to the child or proof that he should not be present when he has the child. There may be additional facts that would substantiate your concerns; as we don't know them, it's best to discuss those details with a local lawyer.

  8. #8
    Join Date
    Jan 2013
    Posts
    3

    Default Re: What The Chances of Maintaining Custody After CPS Placement

    Thanks for the information. I should point out that 1. the boyfriend is not the father of our grandchild. The bio father doesnt visit or support 3. There is no CPS effort to reunify the child and mother. Just the mother possibly petitioning to regain custody. CPS expressed to the court that there was no compliance and she and boyfriend were unwilling to meet with them so since they had several visits over a year and a half with us and we were agreeable to care for and raise our grandson they recommended the V docket and they would remove themselves from the equation. The V docket States that after a certain amount of time there could be a permanency hearing where we could petition for custody but doesn't specify any hoops our daughter would have to go through at all. I assume she would just petition, get a public defender and plead her case. Correct? Only when CPS was involved was there a list of "To DO's for both of them before she could regain custody. Thanks and I hope I filled in any blanks and answered your questions.

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