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  1. #1
    Join Date
    Jan 2013
    Posts
    2

    Default How Can Grandparents Get Visitation After CPS Takes Custody

    My question involves a child custody case from the State of:New York
    I am completely frustrated. My daughter and her son were living at my home. I allowed her boyfriend to spend the night. (Not the babys father) I found a hyperdermic needle and called police. Upon a further search they found more items in the bedroom where he was sleeping.
    Unfortunaelty, they removed my grandson that night because the boyfriend said the items were mine. He was arrested on outstanding warrents that night.
    I have had several drug screens and a home check by DSS. I am doing everything I can to prove that i am a fit grandparent and I have a safe home for the child. The mother and boyfriend have both been charged with neglect.
    My problem is this. the child was allowed to go with the boyfriends mother, we understood this to be temporary situation. We have been to court once and the judge did order me to have visitation. He left it up to dss, cps to handle. they have left it up to the boyfriends mother at her descression. I have not been allowed to see the child for two weeks.
    The child and i were together 3 plus days per week for the last year and a half. Sometimes more. I have been the financial provider of all 3 birthday parties, vacations christmas and many fun family times. I dont understand how it can be legal for anyone to sever the relationship between myself and this child. it certainly is not in the best interest of my grandson to not understand why he is not seeing me. MY biggest fear is that he will think that i no longer care.
    Is there anything that i can do to insure that i am allow to continue to visit with him without making the judge angry or ticking off cps. (everything you say to these workers gets turned around into something negative.) i have not gotten angry, i do work, i have my own home(not a castle but cozy) i made him his own room. I dont know what else to do at this point.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Do I Have Rights in Nys As a Grandparent

    Have you talked to CPS or DSS about this?

    Were you actually given a court order for visitation?

  3. #3
    Join Date
    Jan 2013
    Posts
    2

    Default Re: Do I Have Rights in Nys As a Grandparent

    the first court date we had.. the judge granted me visitation, he directly told cps that they were to over see this. cps has, according to them allowed this woman whom has the child, to make all of the decisions as to how often when and where i can see the child. as of today i have not seen or spoken with him in two weeks. she will not set up a definitive date or time which means she will randomly call me and if im not available on the day she calls, then i am considered the one who missed the visit. the whole situation seems very unfair to the child. i am just out of my mind thinking that he is feel like his family has forgotten about him. is there anything i can do? i am currently trying to get a lawyer but leagal aid wont help because im not the parent. the parents and i are agreeable that the child should be removed from this womans home and placed with a family member. two of us are interested. we are all hopeful but frantic.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do I Have Rights in Nys As a Grandparent

    Who is "this woman"? The foster parent?

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