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Granparents possess Legal Custody - Child is 3 - CPS - How can we re-obtain custody?

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needhelpinOhio

Junior Member
What is the name of your state (only U.S. law)? Child born in Ohio (Resides) in Ohio. Parents now re-located to MD. For work.
** First just looking for legal advice based on facts, not personal opinions based on the situation. We know what was done is wrong, and unfortunate, were just grateful to have changed our life, and our in recovery in addiction.

- Case Info:
- Mother / Father (us) were addicted to opiate and struggled with an opiate addiction at time of birth. Child was born addicted. CPS was involved.
- End of case, legal custody was voluntarily granted to grandparents, as I (son) am close with mother / father, and I believed was in best interest of child at the time.
- Lawyer advised if we can get handle on situation we would / could regain custody.
- Fortunately, she is a bright, super child, with no ill effects, or long term effects from her situation, and is as bright, bubbly, smart, and developed as any child.

- Follow-up (3) years later:
- Mother / Father left State of Ohio to get away from current situation, and attempt to re-start life, away from persons, places and things.
- We immediately found a treatment center / (methadone) and have been stabilized on methadone now going on 1 year and half.
- Mother has been gainfully employed and making good income for 1 year and half.
- Father has been also gainfully employed at fortune 500 company, and doing very well, combined household income net over 110k.
- Grandparents - Parents have very amicable relationship.
- Grandparents - are very proud of where we are, and are finally to a stage where they feel comfortable with returning custody to us.
- Safe & stable living / home environment now in a 1 bedroom apt, with safe area, paying $1160/mo. on 2nd year lease.
- Paying our own bills, re-established credit, have (2) brand new cars (2015 Toyota Avalon, and 2008 Lexus IS250) both safe cars.
- Going to group and NA /AA meetings 3 times or 4x a week now documented, as well as daily methadone, not a DAY missed in 1 year and half.


Our question is this. What can we expect to happen? Will CPS get re-involved, even though the grandparents, are voluntarily willing to testify to the fact that we are stable.

- Visitation has gone as such.
- Weekend visit with Grandma, in MD at first.
- Weekend Unsupervised, in MD.
- Week Unsupervised
- 2 weeks Unsupervised.
- 1 month Unsupervised.
- 3 Months Unsupervised.
- and now this will be longest 4 mos.

So we have shown a track record of caring for her, no issues, well taken care of, and both our parents can see the Dramatic difference from where we were in the midst of our addiction to now being stable citizens with a 740 fico credit score!! woo hoo and stable jobs and housing!

So the question really is, what is the next steps, what will be the process, what will the courts want to see, will this be open / shut, will we have a chance, is there a dramatic enough change of circumstances. Furthermore, the child wants to be here, she loves her mama and papa, but she knows were mommy and daddy, and is very clear on her wishes to be with daddy and mommy, forever.

So please help give us the guidance we need to manuever the proper legal channels, what we can do to set us up for the best chances of re-unification? and what we can expect to go through, hoops to jump through, and we will do all those things before even going to get a laywer, and start the process.

Thanks for any and all help.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Child born in Ohio (Resides) in Ohio. Parents now re-located to MD. For work.
** First just looking for legal advice based on facts, not personal opinions based on the situation. We know what was done is wrong, and unfortunate, were just grateful to have changed our life, and our in recovery in addiction.

- Case Info:
- Mother / Father (us) were addicted to opiate and struggled with an opiate addiction at time of birth. Child was born addicted. CPS was involved.
- End of case, legal custody was voluntarily granted to grandparents, as I (son) am close with mother / father, and I believed was in best interest of child at the time.
- Lawyer advised if we can get handle on situation we would / could regain custody.
- Fortunately, she is a bright, super child, with no ill effects, or long term effects from her situation, and is as bright, bubbly, smart, and developed as any child.

- Follow-up (3) years later:
- Mother / Father left State of Ohio to get away from current situation, and attempt to re-start life, away from persons, places and things.
- We immediately found a treatment center / (methadone) and have been stabilized on methadone now going on 1 year and half.
- Mother has been gainfully employed and making good income for 1 year and half.
- Father has been also gainfully employed at fortune 500 company, and doing very well, combined household income net over 110k.
- Grandparents - Parents have very amicable relationship.
- Grandparents - are very proud of where we are, and are finally to a stage where they feel comfortable with returning custody to us.
- Safe & stable living / home environment now in a 1 bedroom apt, with safe area, paying $1160/mo. on 2nd year lease.
- Paying our own bills, re-established credit, have (2) brand new cars (2015 Toyota Avalon, and 2008 Lexus IS250) both safe cars.
- Going to group and NA /AA meetings 3 times or 4x a week now documented, as well as daily methadone, not a DAY missed in 1 year and half.


Our question is this. What can we expect to happen? Will CPS get re-involved, even though the grandparents, are voluntarily willing to testify to the fact that we are stable.

- Visitation has gone as such.
- Weekend visit with Grandma, in MD at first.
- Weekend Unsupervised, in MD.
- Week Unsupervised
- 2 weeks Unsupervised.
- 1 month Unsupervised.
- 3 Months Unsupervised.
- and now this will be longest 4 mos.

So we have shown a track record of caring for her, no issues, well taken care of, and both our parents can see the Dramatic difference from where we were in the midst of our addiction to now being stable citizens with a 740 fico credit score!! woo hoo and stable jobs and housing!

So the question really is, what is the next steps, what will be the process, what will the courts want to see, will this be open / shut, will we have a chance, is there a dramatic enough change of circumstances. Furthermore, the child wants to be here, she loves her mama and papa, but she knows were mommy and daddy, and is very clear on her wishes to be with daddy and mommy, forever.

So please help give us the guidance we need to manuever the proper legal channels, what we can do to set us up for the best chances of re-unification? and what we can expect to go through, hoops to jump through, and we will do all those things before even going to get a laywer, and start the process.

Thanks for any and all help.
Kudos to the both of you for seriously turning your lives around...and in a really positive way.

However, because CPS was involved in the whole thing this is NOT something that you should be looking at without an attorney. The fact that the grandparents are in your corner is seriously positive, but you really want an attorney guiding this process.
 

needhelpinOhio

Junior Member
Thank you!!

I couldn't agree more! We are looking at attorneys in Ohio. We feel so blessed to be where we are today. And it's all from God. Without him none of this will be possible. We know that CPS is and will be our biggest obstacle but our turn around and future ahead of us is undeniable. Thanks for your kind response.
 

Just Blue

Senior Member
I couldn't agree more! We are looking at attorneys in Ohio. We feel so blessed to be where we are today. And it's all from God. Without him none of this will be possible. We know that CPS is and will be our biggest obstacle but our turn around and future ahead of us is undeniable. Thanks for your kind response.
I will ask the Ohio Attorney/GAl to post to your thread. :)
 

Ohiogal

Queen Bee
Kudos to the both of you for seriously turning your lives around...and in a really positive way.

However, because CPS was involved in the whole thing this is NOT something that you should be looking at without an attorney. The fact that the grandparents are in your corner is seriously positive, but you really want an attorney guiding this process.
If the grandparents agree to return custody to the parents in Ohio, then that is the change in circumstance necessary and can happen without CPS.
 

Ohiogal

Queen Bee
I couldn't agree more! We are looking at attorneys in Ohio. We feel so blessed to be where we are today. And it's all from God. Without him none of this will be possible. We know that CPS is and will be our biggest obstacle but our turn around and future ahead of us is undeniable. Thanks for your kind response.
CPS is not an obstacle at all. They are NO LONGER a party to the case and have nothing to do with it. The grandparents have legal custody and a change is needed in their life to return custody to you. If they agree you should have custody, that is the only change necessary.
 

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