What is the name of your state (only U.S. law)? Maine
My daughter is 20 years old. When she had her first child she was 15 and he was 23. She had sex with him once with no further relationship and he didn't know about the baby until just before it was born. Initially he denied it, probably due to fear of being arrested. Then he appeared to be very supportive and willing to help her care for the baby. Her father and I decided not to press charges at the time as we did not see how that would benefit our grandchild. He participated in the birth and we do believe he loves his daughter even now. They decided to try to have a relationship for the child's sake and she moved in with him when she was 16. That was short lived as about a month later they got in a fight and he hit her in the face with a baby cup. I went to the house and demanded she come home. The police were called, but I don't know what happened to the assault charge because it is not on his record. I filed a PFA on him on her behalf. She kept going to see him for a while any way. Then they finally broke up for good and she filed a parental rights and responsibilities case and she got allocated parental rights. The only rights stated on the court paper is that he have visitation 6 hours per week under the supervision of his parents. At 17 she got a new boyfriend. They were together for 3 years, but he also ended up assaulting her. She had a PFA put on him, but then contacted him to try to "work things out" and so he could see his daughter. The things she did were down right stupid, but he made sure she lost her day care and job by refusing to pick up the kids and harrassing her at work so it went both ways. She was arrested for criminal trespass when she went to where he works and then assault, for which she had bail conditions not to contact him! Her lawyer is working on getting the assault charge dismissed because the 3 witnesses filled out new statements saying they lied and it was him who assaulted her, not the other way around. He then moved around the corner form her and broke in to her trailer and stole some items, but the police and DA did nothing about it. The DA said the police are sick of her and will not respond to her calls any more. Then his current girlfriend called her and said they broke up and she had some of my daughter's things and she should come get them as he was not there. She put her two kids in the car late at night and went there. He came through the back door and assulted her. She had bruises all over her. However, she was arrested for violating her bail conditions and it was deemed that he had the right to assault her because she was the one that went there. On top of that, the kids were sleeping in the car and when the cop moved the car he realized the car was unsafe because it had little brakes. The police contacted me to go get the kids. The police report says nothing about her assaulting him that night, however the next day he filled out a PFA on her saying she did assault him and the judge gave him temporary custody of the 2 year old, which was temporarily granted. After the two year old was removed from my home to go to his, we contacted the courts, AWAP, the DA, and DHS because the father uses drugs, the girlfriend (who is 18 and he is 28) self mutilates, there is domestic violence between him and his new girlfriend, and the home they live in is physically unsafe. DHS and AWAP instructed us to go back to the court to have his PFA dissolved. That was set for the same day as his temporary PFA hearing. They then told us to have her go get another PFA due to his assaulting her. The judge denied it and called DHS again. That night they were at my daughter's door. They said she "overused" the police and court system even though the father also repeatedly called the police with false reports and there is a police report stating that. My daughter was quite honest and told DHS the whole story about what happened during their relationship, including the stupid choices she had made as well as her concerns for her daughter in the environment the father currently lived in. In the mean time I kept the 5 year old. DHS went to the father's home and deemed it unsafe and had me come get the 2 year old pending further investigation of the situation. However they told me that the father technically has custody of his daughter at this point so he would be able to choose where the child went and they would check out his mother's home. The 2 year old is currently with her. Then the 5 year old's father jumped on the band wagon. He also filed a PFA on my daughter on behalf of the 5 year old. It was granted that she not harrass, etc. the 5 year old, but they did not give him custody or grant the PFA on him beause he had no grounds. DHS investigated me and discovered there was a domestic violence incident with me and my current boyfriend 2 years ago. He quit drinking and there has never been another incident and nothing ever occurred in front of my grandchildren. In fact, they have never even seen us argue. However, because of that they took the 5 year old from my home and placed her with her father's sister. They got a PPO on both kids and DHS now has custody of the kids. Intially they were going to take the 5 year old to her father's home, but my daughter demanded to speak with the supervisor because she had allocated rights and they were not aware of that, but becuase of that DHS said we ere both "uncooperative." As soon as the kids were taken my daughter set herself up with counseling and a psychological eval. They said she can't choose her own providers and told her where she must go for counseling - someone who has a contract with DHS. They also told her she may have to take a second eval. The court gave all of the parents lawyers and at the lawyer advice all 3 of them waived their right to a hearing on the PPO. DHS said my daughter is "the aggressor" and that she has "stalking behaviors" and she has failed to protect her kids from emotional harm. I totally get why they are saying that. She is now doing everything she can to improve herself and is participating in everything they want her to. She has NO income and when she said she could get a good job with awesome benefits they told her if she chooses to do that she will be showing she is putting her needs above the children. They told her to get a job where she can work only on weekends, but 2 days a week aren't going to pay her bills! She has supervised visitation, yet the father's are allowed to go to thier family members homes without supervision to see the kids. She has only seen them 3 times in the past month because they can't seem to get anyone to supervise. They were talking about getting Kids Peace to do the supervision (who can do it on weekends), but when my daughter asked if they had set that up they said they weren't going to because they wanted to see what they could do with thier own people first as they would have to pay for that! We are concerned that the kids bond with her is going to be broken and that they will then say the 2 year old has bonded with her paternal grandmother and she should stay there. We have had a family team meeting. The father's and current care takers of ths kids were not involved in it. They say they are working toward reunification with my daughter, but are they also working on reunification with the fathers? And even if she does everything they ask, will they still say the kids are still unsafe due to the conflicts between the families? I think there needs to be some kind of plan for that. There is a case management conference coming up July 14. Is there anything we haven't thought of that my daughter needs to be doing? What are the chances that the kids will be returned to her and not the fathers or their families? She has no substance abuse problems and no problems caring for the kids otherwise. Her lawyer says the kids need to come back to her as soon as possible. She is willing to have continued DHS involvement and intensive in home services, but wants the kids returned to her. The jeopardy hearing is expected to happen in September. I have interested party status with the courts. Is there anything else I can do without harming her case with DHS given how they are also looking at me?? Can she file a parental rights case with the 2 year old's father while DHS has temporary custody? Does she have more rights due to being the primary caretaker of the kids? The father of the 2 year old said he would give his parental rights to his mother and he refused drug testing. Both father's PFA's were dismissed in court. Hers is still active on the 2 year old's father, but was amended so that she doesn't have custody of the child. I don't suppose there's any chance the judge would give the kids back to her in September with in home supports and continued DHS monitoring and treatment? These kids have a close bond with her and with each other and now they are separated. Please don't think I am in denial of my daughter's prolbems or that I have approved of the choices she has made or that I want the kids to never see their father's again. My concern is my grandchildren and what is best for them and ofcourse I don't want to lose them either. It seems like the deck is pretty stacked against her. Any idea how long it will be before seh knows whether her kdis will be returned? ANY ideas or information would be great. Thank you in advance.What is the name of your state (only U.S. law)?