Grandparents & custody of a minor child

[Tuc07]

What is the name of your state? PA

My husband and I would like to obtain some information here on gaining custody of our granddaughter from our daughter.

Our granddaughter is six years old and has been staying at our residence for a few months now along with her mother after being thrown out of her fiances home. My daughter is an alcoholic and 'suspected' drug user who does not properly care for her child and always places the needs of the kid second to hers.

She was living with another guy previous to her fiance who was just like her in his ways plus beat her. She got pregnant with our granddaughter while with this guy and told him the child was his. It ended up NOT being his daughter and was proven through a DNA test.

Anyway, last night she came home to our house drunk and got pissed off when we gave her guff about it. She took her daughter and left our house to return to the guys house who she suckered into thinking was the father of the granddaughter. She left the house with her in freezing cold temperatures and the kid had nothing on but her pajamas. We went after her to get the kid but she ducked into this guys house and refused to come out.

Now this guy has a sister who works for CYS in our city who went to his house last night and took custody of our granddaughter! His sister states she will not give up custody to our daughter until she is "stable" in her life.

We'd like to ask what right she had doing this when our granddaughter is of no relation at all to her? Could we file suit to gain custody of our granddaughter from this person? It seems she used her position to automatically take control of our granddaughter without a say from us in any way!

Can we file suit to regain custody of her since she was living here with us anyway plus the fact this girl, or her mother whom she lives with, have no place for our granddaughter to stay (own bedroom)?

If anyone could please offer advice on how difficult it will be for us to get custody of this child from my daughter and from her "aunt" who took her last night.

Thank you...What is the name of your state?

 

[BL]

What is the name of your state? PA

My husband and I would like to obtain some information here on gaining custody of our granddaughter from our daughter.

Our granddaughter is six years old and has been staying at our residence for a few months now along with her mother after being thrown out of her fiances home. My daughter is an alcoholic and 'suspected' drug user who does not properly care for her child and always places the needs of the kid second to hers.

She was living with another guy previous to her fiance who was just like her in his ways plus beat her. She got pregnant with our granddaughter while with this guy and told him the child was his. It ended up NOT being his daughter and was proven through a DNA test.

Anyway, last night she came home to our house drunk and got pissed off when we gave her guff about it. She took her daughter and left our house to return to the guys house who she suckered into thinking was the father of the granddaughter. She left the house with her in freezing cold temperatures and the kid had nothing on but her pajamas. We went after her to get the kid but she ducked into this guys house and refused to come out.

Now this guy has a sister who works for CYS in our city who went to his house last night and took custody of our granddaughter! His sister states she will not give up custody to our daughter until she is "stable" in her life.

We'd like to ask what right she had doing this when our granddaughter is of no relation at all to her? Could we file suit to gain custody of our granddaughter from this person? It seems she used her position to automatically take control of our granddaughter without a say from us in any way!

Can we file suit to regain custody of her since she was living here with us anyway plus the fact this girl, or her mother whom she lives with, have no place for our granddaughter to stay (own bedroom)?

If anyone could please offer advice on how difficult it will be for us to get custody of this child from my daughter and from her "aunt" who took her last night.

Thank you...What is the name of your state?

If Mom let Her sister ( aunt ) take and watch Her child , there's not much you can do .

You won't get Custody , and there's a slim chance you would be awarded Temporary Guardianship as long as the Child is with another relative and is safe .

 

[CandiceH]

You say that she "suckered" him into being her father. Has this been proven by DNA? I think BL assumed the woman who took your granddaughter is also YOUR daughter or at least a LEGAL aunt to this child. Please clarify. Thanks.

 

[tigger22472]

How did the man's sister become aware of the situation?
Did mom voluntarily let the child go with her?

Is the child in HER custody or in the custody of the state (even if it's in her personal custody)?

 

[Tuc07]

Apologies for not being clear. My mind is going a thousand miles an hour today!

tigger, I guess when all this was going down last night, this guy called his family and they rushed up to his apartment. We had already left being we could not get our granddaughter so didn't see them. I guess when his sister arrived, she decided to take our granddaughter away! Our granddaughter is in my daughters custody. My husband did speak to a cop who was riding by but he said there was nothing he could do if the kid was with her mother. This is another thing that has me ticked off! Why could this guys sister just come in and take the kid away saying she worked at CYS and thought this was best for the kid but the cop stated he could do nothing if she was with her mother and not in any immediate danger?

Candice, yes, she led this guy on to believe he was the father. They got into something a few years back and she ended up telling him he wasn't her father. He requested the DNA test to be sure and it came back as him not being her father. Therefore his family is not anhthing to our granddaughter. He chose to stay involved in her life, however. The woman who took our granddaughter at one time thought she was an aunt but with the DNA test, she's nothing but a "friend." She had always had spotty contact with our granddaughter at best. She was not involved with her regularly. She is not a "legal" anything to her!

 

[tigger22472]

Apologies for not being clear. My mind is going a thousand miles an hour today!

tigger, I guess when all this was going down last night, this guy called his family and they rushed up to his apartment. We had already left being we could not get our granddaughter so didn't see them. I guess when his sister arrived, she decided to take our granddaughter away! My husband did speak to a cop who was riding by but he said there was nothing he could do if the kid was with her mother. This is another thing that has me ticked off! Why could this guys sister just come in and take the kid away saying she worked at CYS and thought this was best for the kid but the cop stated he could do nothing if she was with her mother and not in any immediate danger?

Candice, yes, she led this guy on to believe he was the father. They got into something a few years back and she ended up telling him he wasn't her father. He requested the DNA test to be sure and it came back as him not being her father. Therefore his family is not anhthing to our granddaughter. He chose to stay involved in her life, however. The woman who took our granddaughter at one time thought she was an aunt but with the DNA test, she's nothing but a "friend." She had always had spotty contact with our granddaughter at best. She was not involved with her regularly.

I am assuming that CYS is equivelent to Department of Family Services or CPS. If that's the case she was MANDATED to take the child if she felt there was an issue there. You were not in the home last night and you yourself have said your daughter should not have her child so how can you then say the child was not in immediate danger. Where the problem lies is if she reported this to her superior or not. She may have done so, you don't have all the facts yet.

 

[jorton56]

What is the name of your state? PA

She got pregnant with our granddaughter while with this guy and told him the child was his. It ended up NOT being his daughter and was proven through a DNA test.

Now this guy has a sister who works for CYS in our city who went to his house last night and took custody of our granddaughter! His sister states she will not give up custody to our daughter until she is "stable" in her life.

Is this the same guy as stated above who was proven NOT be the dad? If so, his sister is no relation to the child, hence is comes down to either

1. The mother (your daughter) GAVE her permission to take the child or

2. For some reason she took the child by either using her authority in the wrong way, ie: did not call police and request to take the child into protective custody at which time someone should have called you since you are the child's next of kin or

3. Did go through the proper procedure but still did not relay to someone in her department that the child had a next of kin, namely you. If this was the case she had to say she was "related" to the child otherwise the state would have called next of kin or sent the child to temporary foster care. No one can "take custody" of someone else's child unless it is through the authorities and the proper channels.

You need to clarify this for this forum.

Again, there is too much confusion. If YOU have personally talked to her, did you ask her how she came about "taking custody" of your grandchild? Whether it is through proper procedure (or not) you can call CYS yourself and start asking some questions!

We'd like to ask what right she had doing this when our granddaughter is of no relation at all to her? Could we file suit to gain custody of our granddaughter from this person? It seems she used her position to automatically take control of our granddaughter without a say from us in any way!

As TIGGER pointed out you will not get custody but can be named temporarily as guardian until you daughter complies w/CYS-- IF THEY REALLY ARE INVOLVED SHE WILL HAVE TO MEET THEIR'S AND A JUDGE'S ORDERS IN FULL but if that is so you should have been notified as soon as the "State" took custody of your granddaughter.

Again, all of the facts aren't stated here so it is hard to give you any kind of answers but just an idea of how it is supposed to take place IF it was done w/the State involved or IF your daughter gave her 'permission' to take her daughter. I would try to get answers from this sister (of the ex-boyfriend of your daughter's) and if she won't give you any--call her supervisors.

--------------------------------------------------------------------------------