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  1. #1
    Join Date
    Jul 2008
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    4

    Default A Dad Needs Help Getting Custody from Grandparents With Permanent Guardianship

    Dad trying to get custody from Grandparents w/perm. guardianship

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    What is the name of your state (only U.S. law)? Wisconsin

    In 2005 the mother of my kids left our 2 children with her mother who is also married to a bi-polar man. I was in jail for a crime I had commited that was not related to family or my kids. The mother of my children was using drugs at the time and the grandparents went for permenant guardianship and the reason on the court papers gave this information as for the reason as to why the grandparents want guardianship. The court granted it after my signature was the last needed. I was in jail for 1 year (until early 2006) and had 2 years of probation left. When I was released from prison I was determined to be the best Dad I can to my children. I had asked the grandma "I would like to take my kids every weekend instead of my ordered visitation of every other weekend" and she agreed. The Mother at this time was still on drugs and stripping for a living and was not involved with our kids but maybe once a month. This had gone on for about 14 months.

    After a few months of getting out of prison I had asked the grandma if I can raise my children and even cryed saying I love my kids and will do a great job raising them. She had told me she would think about it. Well a month went by and I brought this up again and asked what her answer was. She said not at this time fearing I would end up back in jail, since I had a track record of it. I understood her point and I knew I could prove myself. A year went by and I was working but then got laid off and it took a few months for me to find another job but I was doing side jobs for cash and still making a living but I made the mistake of lieing to the grandma saying I was working through out that time and my kids Mom had told her I was not. I had asked for custody of my kids again and she brought up the fact that I didnt tell her I was not working and that how can she trust me and it was a no once again! This was in late 2007.

    My kids really want to live with me and at this time my kids Mom seem to be getting her act together and has now taken one of my weekends away to see our kids (which is fine with me but hurts because I miss them) I had talked to my kids Mom about splitting custody 50/50 and she said she would like to do that but not until summer of 2009. I do not want to wait until then and would like to raise my kids NOW! And will even let my kids mom in on the custody but will have them live with me full time until then but she does not want to make her Mother upset and her Mom fears that I will not let her*kids mom) get custody and so I think that is the reason the Grandmother will not let me raise my kids right now. The grandpa has said mean things to my son like he is fat and that Dad buys clothes from goodwill and for him to loose weight. (my son is not fat at all, just a little bit husky) I had found a good job and make enough money to raise my kids and am living on a farm and having my retired Mother to help me with my kids makes it even better for my kids. A month ago my son told me that the grandma told him I need to keep and hold a job before he and sister can live with me. I think she acts like he and my daughter are her own kids and in fact have become so attached that she can not let them go and is coming up with all these excuses! I am not even allowed into their home to visit with my kids! The Grandpa hates me for things I did 10 years ago when I was under age. I am 100% a changed man and want my kids but need some advise from you all!!! What should I do besides talk to a lawyer that I can not afford?

    Oh and another things that just came up, A week or so ago I was dropping off my kids to the grandma and I told her that she should get some rest because she looked tired and she said she had a long day. Well my son blurted out "grandma has a lot of time to rest since she does not work anymore" I quick glanced over at her and she looked at my son like he was not supposed to tell me that! I had asked the grandma if my son said something he was not supposed to and she paused and said "no its ok" And went on explaining to me that she was let go from her job. Now how can she think of me as someone who can't hold a job and tell my kids this when she got the same thing done to her! And on top of that, I sure don't think she was ever going to tell me that she lost her job, just like I didnt want to tell her when I lost mine!!!!!

    PLEASE HELP!!!!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: A Dad Needs Help Getting Custody from Grandparents With Permanent Guardianship

    If you wish to terminate a court-appointed guardianship, you need to file a petition with the court that granted the guardianship. Often the court will have specified steps you must take to regain custody, and you need to be sure that you have taken those steps. If you don't have a stable job or stable home, expect the court to be very wary of ending the guardianship.

  3. #3
    Join Date
    Jul 2008
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    4

    Default Re: A Dad Needs Help Getting Custody from Grandparents With Permanent Guardianship

    I have a stable factory job inspecting medical parts and have a big farm house with 4 bedrooms. My kids have their own bedrooms and at the grandmas house they have to share a room! The only bad thing is that I have only had my job for 2 months but I really enjoy it and will not be laid off, like my last job did! Do you think I have a good chance at getting them?

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: A Dad Needs Help Getting Custody from Grandparents With Permanent Guardianship

    2 months at a job is far from showing a court stability. It's 60 days basically and anything can happen, and you can't forsee the stability of the company you work for.

    Having the kids share a room is hardly a bad thing and doesn't make you look any better, so you can forget that argument all together. There are millions of well rounded children in this world that grew up sharing a room. Having your own room is not a requirement.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: A Dad Needs Help Getting Custody from Grandparents With Permanent Guardianship

    It's not a standard custody case - it's a guardianship case. So (speaking generally) it's not a comparison between two parents where one has the children share bedrooms and one does not; it's much more an issue of whether dad can now provide a stable, appropriate home environment.

    I agree with the prior post, that na6446 needs to explore what criteria, if any, the court has already outlined in relation to his regaining custody.

  6. #6
    Join Date
    Jul 2008
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    4

    Default Re: A Dad Needs Help Getting Custody from Grandparents With Permanent Guardianship

    There was no criteria outlined in relation to me regaining custody, as I never had custody, just visitation rights. The kids Mother had the placement and custody. All they had on me was that I was in jail at the time and so now I have been out for 2 1/2 yrs. Mind you, I have made every effort to try and please the grandparents and to show them I can take care of my own children. It just seems as if they want to give the kids back to only the Mother, when she is ready, since the kids were originally with her. I just want to know if I have any rights as a father trumping the guardingship that a court will see and get my kids back and without me having to wait until the Mother is ready (next year supposedly)?

    Thanks for the advice rolling in....

  7. #7
    Join Date
    Jul 2008
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    4

    Default Re: A Dad Needs Help Getting Custody from Grandparents With Permanent Guardianship

    One other thing, as with the job situation, I had gotten a job right when I got out of prison and had kept it until they laid me off w/ unenployment ins. It took about 6 months finding a stable job but I have alway been a working man. The grandma is the one who does not have the job now! How is that any better then me?

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: A Dad Needs Help Getting Custody from Grandparents With Permanent Guardianship

    I suggest retaining a lawyer to assist you with court proceedings, and to help you form a strategy for potentially gaining custody.

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