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  1. #1
    Join Date
    Sep 2015
    Posts
    7

    Default Visitation Rights When a Child is Placed With a Guardian Due to Parents' Addiction

    My question involves guardianship in the State of: Massachusetts

    So myself and my husband signed over temporary guardianship because we wanted to get help with getting ourselves clean snd sober. We reached out for help because we knew te kids didbt deserve to live like that. So we have been clean/sober for 6 months. We have drug tests proving so and we just took a hair follicle to prove to DCF and the people who have our kids we are clean. We have little tiny numbers showing up on our drug tests but its not even close to the cut off range to make it positive. Example oxycodone cut off range is 1000. And our number is <0.3. So as you can see its such a tiny number so because everyone is accusing us of using we did a hair follicle. We did this for ourselves and for dcf but most of all so when we do go back to court we can show the judge we have been clean.

    The people who have our kids are making it extrenely difficult for us o get our kids back..there talking keeping them for another year. My husband and i are in parenting classes, early recovery classes, and individual counceling classes we both also work. Husband works full time i work around 24-30hrs a week. I dont know what to do because we are doing EVERYTHING DCF is asking us to do. We just recieved our service plan a month ago and we started doing all our classes on our own. We also just made a relapse prevention plan. Does anyone have ANY advice. We did file to get a court appointed lawyer. Also the girl who has our youngest child very rarely lets us see our daughter..she wants every single copy of our drug test and if we even miss giving her one drug test she will pull our visit away & my suboxone doctor changed our format because the numbers kept showing up, so instead pf numbers showing up all it says negative and suboxone is the ONLY thing that shows up positive.

    Now the grl who has my youngest said that drug test wont be acceptable ad that if i dont get the other format that we wont be able to see our daughter. It seems like this girl really wants to find everyway to make it so we dont see our daughter vecause she wants to keep her for herself because she doesnt have a girl. She as two boys. Please any advice. Im going back to court december 1st

  2. #2
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Help

    Keep working the plan DCF has given you. Let the social worker who is handling the DCF case know about the foster parent's refusal of visits.

  3. #3
    Join Date
    Sep 2015
    Posts
    7

    Default Re: Help

    We are working with DCF but because dcf were not the one who removed the kids from our home, DCF cannot and will not do anything about it. I know its our fault, everyone always tells us " you did this to yourselves". I understand this but this is the reason why i asked for help..it wasnt fair to my children. My kids didnt ask to be born. We took the responsibility to step up and actually go and get help..now i am doing the right thing and actually passinh dru tests..we are just waiting on our hair follicle tests to come in

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

    Default Re: Help

    You need an attorney for this - a message board isn't going to be very helpful to you.

  5. #5
    Join Date
    Sep 2015
    Posts
    7

    Default Re: Help

    Yes we are being appointed one, ive called them but they have been so busy they havnt gotten to ours yet. She did say before the courtdate we will have one. I am willing to do whatever it takes to get my kids back..i jave NEVER been away from my kids this long. I went from being with them all the time to only seeing them every week to two weeks. I just started seeing my youngest today.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to End a Guardianship Granted Due to Drug Addiction

    Your access to your children is governed by the court order granting the 'guardianship' (or foster care placement). if the person with your child is not complying with the order, you can ask your lawyer to see if the case worker can resolve the problem or to bring a motion before the court to ask that the person be ordered to comply or face consequences such as the removal of the child from their home.

  7. #7
    Join Date
    Sep 2015
    Posts
    7

    Default Re: How to End a Guardianship Granted Due to Drug Addiction

    There is nothing is the temperary guardianship paperwork because at the beggining of everything we were all good, we communicated so well and now it gone to crap..once we get appointed our lawyer..im going to see what they can do, because what she is ding is not okay..thats only hurting my child in the end! I keep saying i WILL get my kids back december first, because i will fight tooth and nail..there should be no reason we cant get our kids back we will be 9 months clean. We will have completed our parenting class and we will be in early recovery and individual councwling and we will have completed anger management. What more could the judge ask for or even dcf!? And Mr. Knowitall i will deffinetly look into that..thank you

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How to End a Guardianship Granted Due to Drug Addiction

    Quote Quoting scote266
    View Post
    There is nothing is the temperary guardianship paperwork because at the beggining of everything we were all good, we communicated so well and now it gone to crap..once we get appointed our lawyer..im going to see what they can do, because what she is ding is not okay..thats only hurting my child in the end! I keep saying i WILL get my kids back december first, because i will fight tooth and nail..there should be no reason we cant get our kids back we will be 9 months clean. We will have completed our parenting class and we will be in early recovery and individual councwling and we will have completed anger management. What more could the judge ask for or even dcf!? And Mr. Knowitall i will deffinetly look into that..thank you
    Yes, the state can decide that you haven't completed the steps satisfactorily and make you jump through as many hoops as they think are necessary.

    You need to understand something. On December 1st, you won't be the one deciding where the children are going to live - and to be perfectly blunt by your latest post it's clear that you're still having anger issues and those aren't going to disappear during the next 8 weeks.

  9. #9
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: How to End a Guardianship Granted Due to Drug Addiction

    If you signed over temporary guardianship on your own, how did the state get involved?

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to End a Guardianship Granted Due to Drug Addiction

    Quote Quoting Mercy&Grace
    View Post
    If you signed over temporary guardianship on your own, how did the state get involved?
    What can sometimes happen in a situation like this is for CPS to propose that, instead of having the parents go through protective proceedings, they agree to allow a responsible relative to become guardian. That doesn't necessarily mean that protective proceedings won't follow, but if things work out they can become unnecessary.

    When somebody is appointed guardian with the consent of the parents, absent compelling reasons not to do so, the court will order visitation. If the parents attempt to end the guardianship before they are able to provide a stable home, depending on the nature of the guardianship the court may deny the motion; if the court cannot, then the state can initiate protective proceedings and seek to formally remove the children from the parents' home.

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