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  1. #1
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    Sep 2015
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    Default Recovering Custody of a Child After a Protective Services Removal

    My question involves a child custody case from the State of: Kansas

    The kid is not mine but it is my boyfriends. What had happened was he was in Basic Training , came back and 4 days later the child was taken because the childs mother was smoking weed and doing drugs and doing nothing but partying. He eventually had custody for 7 months and then his son was taken again because he was struggeling and his grandma called the case workers and there went his son.

    Now he had been fighting this case for a while. No drugs. Stable income. and shelter but the courts ruled him out of being a fit parent. Also his grandma used defimation of character and told lies. It turns out she is really attached to her grandson and the day of court she manipulated my boyfriend completely.

    He thought the best thing to do was sign his rights off without courts taking them because they had said he had no chance but I believe he did. He was in no legal trouble and his grandma wanted his son because he had already lived her for a while during court cases and such.

    She is in the process of adopting him and wont let my boyfriend see his son and it is killing him. Is there anything that can be done to fight this and get his rights back? It seems impossible from things I read but any advice would be helpful. Again courts did not take the rights, he signed them off voluntarily because he thought it would be best but his grandma, once again, is not letting him see his son.

    I just feel like the courts did him wrong and he could have won.

    Thanks in advance.

  2. #2
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    Default Re: Grandma Has Custody and I Want It Back

    If you're saying that he voluntarily terminated his parental rights so Grandma could adopt, the only way he could revoke consent would be if he could prove that his consent was obtained under duress and that is incredibly difficult to do.

    Grandma doesn't have to allow visitation or any contact at all. He is, effectively, a stranger to the child legally speaking.

    Where is the child's mother, in all of this? Did she consent?

  3. #3
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    Sep 2015
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    Default Re: Grandma Has Custody and I Want It Back

    Quote Quoting Dogmatique
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    If you're saying that he voluntarily terminated his parental rights so Grandma could adopt, the only way he could revoke consent would be if he could prove that his consent was obtained under duress and that is incredibly difficult to do.

    Grandma doesn't have to allow visitation or any contact at all. He is, effectively, a stranger to the child legally speaking.

    Where is the child's mother, in all of this? Did she consent?

    The childs mother signed her rights off as well. The same day. His attorney said he wouldnt win which seemed strange because he had documentation against the childs mother as well and of course the proof of shelter, stable job, and no drugs. They just shut him down.

    Yes, I understand the grandma has every right now but the father did not do anything for her to act this way. She has done this before with someone else. She is going to extremes with name change, and having the child call her mom. It is absurd in my eyes and hurts to see my boyfriend yearn for his child.

    As a support figure I am just at loss of thoughts and things to do to help. He believes his child was taken unlawfully to begin with due to him having an order from court stating him being the guardian but his grandma having cops waiting for him saying he is taking the child and "kidnapping" him.

    You can tell his grandma is wanting all control over her grandson.

  4. #4
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    Default Re: Grandma Has Custody and I Want It Back

    Hon, I know you're upset for your boyfriend. But he voluntarily did this, and I know it seems unfair to you, but that's the long and short of it.

  5. #5
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    Sep 2015
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    Default Re: Grandma Has Custody and I Want It Back

    Yeah I am extremely bummed. I grew up without a father and it hurts to see his son cry for him and him cry for his son. Maybe he can give it a try. Better than nothing. He simply thought it was in his best interest but grandma is taking crazy advantage of this. Thanks for your input.

  6. #6
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    Default Re: Grandma Has Custody and I Want It Back

    Quote Quoting ella16
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    Yeah I am extremely bummed. I grew up without a father and it hurts to see his son cry for him and him cry for his son. Maybe he can give it a try. Better than nothing. He simply thought it was in his best interest but grandma is taking crazy advantage of this. Thanks for your input.
    Can I give you the alternative?

    Say he can stop the adoption. Okay, fine. But Grandma still has custody - and that's not going to change outside of extreme circumstances. He'll be able to visit, and pay child support, but that's it.

    This part isn't going to make you happy, but it needs to be said - even if disagrees with the adoption, it can go ahead anyway without his consent.

    How old is this child btw?

  7. #7
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    Default Re: Grandma Has Custody and I Want It Back

    Not sure if my last post went through. But he will be 3 at the end of this month.

  8. #8
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    Default Re: Grandma Has Custody and I Want It Back

    If he had to prove he wasn't doing drugs, that means him doing drugs was a concern or problem at one time.

  9. #9
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    Default Re: Grandma Has Custody and I Want It Back

    He hadn't done any. His ex did and they lived together. He always came back with negative. If he came up with positive he would have been done and out the military as well.

    - - - Updated - - -

    He was actually never tested by courts. We are tested by military. ( I serve as well). Sorry for the confusion. I just asked him.

  10. #10
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    Default Re: Grandma Has Custody and I Want It Back

    If he chose to agree to the termination of his parental rights, he would have a period of time to challenge his actions following that decision -- either by bringing a motion with the court or by appeal. It would be an uphill battle either way, but it sounds like he didn't do either. He can discuss any remaining options with a local lawyer; he may not have any.

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