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10-14-2009, 10:49 PM
| | Junior Member | | Join Date: Oct 2009
Posts: 6
| | | Can they keep our daughter
What is the name of your state (only U.S. law)? Oregon
My fiance`and I are wondering if she has anything to worry about when getting back her daughter who has been living her folks. They threatened her today saying that we cannot have her daughter back and that the cops won't do anything about it. My fiance` has custody of her daughter but she has been living with her grandparents for over 8 years. Her parents have claimed her daughter on their taxes both state and local, they signed her up for the Oregon health plan and the state deducted money out of my fiance`'s check for it. We are just worried that because its been so long and because they have supported her medically and financially they have a case to bring us to court and fight for custody. We don't have the money to do that.
David and Katie |
10-14-2009, 10:54 PM
| | Senior Member | | Join Date: Jul 2009 Location: New York. Long Island.
Posts: 998
| | | If your GF has not given custody to her parents, they cannot stop her from taking her.
But 8 yrs is a long time and GP can IMMEDEATELY use that as ammo for their emergency custody petition, and they might get custody if it came down to it.
I'll let you get some more exact legal advice now. |
10-14-2009, 10:56 PM
| | Senior Member | | Join Date: Sep 2004 Location: Arizona
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| | Quote:
Originally Posted by david.vesper  What is the name of your state (only U.S. law)? Oregon
My fiance`and I are wondering if she has anything to worry about when getting back her daughter who has been living her folks. They threatened her today saying that we cannot have her daughter back and that the cops won't do anything about it. My fiance` has custody of her daughter but she has been living with her grandparents for over 8 years. Her parents have claimed her daughter on their taxes both state and local, they signed her up for the Oregon health plan and the state deducted money out of my fiance`'s check for it. We are just worried that because its been so long and because they have supported her medically and financially they have a case to bring us to court and fight for custody. We don't have the money to do that.
David and Katie | Do the grandparents have guardianship? Has your fiancee thought about how it would hurt the child to take the child from the home and people who have raised her for 8 years? The people who took over the responsibility when your wonderful fiancee was not willing to do so for whatever lame reason?
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10-15-2009, 05:00 PM
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Originally Posted by david.vesper What is the name of your state (only U.S. law)? Oregon
My fiance`and I are wondering if she has anything to worry about when getting back her daughter who has been living her folks. They threatened her today saying that we cannot have her daughter back and that the cops won't do anything about it. My fiance` has custody of her daughter but she has been living with her grandparents for over 8 years. Her parents have claimed her daughter on their taxes both state and local, they signed her up for the Oregon health plan and the state deducted money out of my fiance`'s check for it. We are just worried that because its been so long and because they have supported her medically and financially they have a case to bring us to court and fight for custody. We don't have the money to do that.
David and Katie | Where is Dad?
Why were the grandparents raising the child?
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10-15-2009, 05:04 PM
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| | | And Oregon has no problem awarding custody to a third party - but still, where is Dad?
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
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Quote: | Salagadoola mechicka boola bibbidi-bobbidi-boo | |
10-15-2009, 06:35 PM
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Originally Posted by Hisbabygirl77 Do the grandparents have guardianship? Has your fiancee thought about how it would hurt the child to take the child from the home and people who have raised her for 8 years? The people who took over the responsibility when your wonderful fiancee was not willing to do so for whatever lame reason? | The grandparents almost have to have guardianship, because otherwise they couldn't have enrolled the child in school.
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10-15-2009, 06:38 PM
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Originally Posted by LdiJ The grandparents almost have to have guardianship, because otherwise they couldn't have enrolled the child in school. | LdiJ, I know we don't have a crystal ball but in this situation - with the grandparents having taken care of the child for eight years - would the grandparents have a better-than-most chance at custody?
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
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Quote: | Salagadoola mechicka boola bibbidi-bobbidi-boo | |
10-15-2009, 09:20 PM
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| | | Mr. Vesper, you do realize, don't you, that you have no legal standing in this matter? "We" is applicable if you're the child's father, and nothing in your post indicates that's the case.
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10-15-2009, 09:29 PM
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Originally Posted by Dogmatique LdiJ, I know we don't have a crystal ball but in this situation - with the grandparents having taken care of the child for eight years - would the grandparents have a better-than-most chance at custody? | Yes, the grandparents would have a better than most chance at custody. If the parent(s) were not unfit, the courts could not deny the parents ample visiation, and a long term goal of regaining custody (because parents have constitutional rights) but yes, the grandparents would have a better than most chance of custody in the short term, and possibly even a better than most chance in the long term as well.
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10-16-2009, 06:32 AM
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Originally Posted by Dogmatique LdiJ, I know we don't have a crystal ball but in this situation - with the grandparents having taken care of the child for eight years - would the grandparents have a better-than-most chance at custody? | I am not LD but yes they would have a better than most chance -- though they still have to show that mom is unsuitable. that may have happened already though at some point during the 8 years which is how they were able to get medical care and enroll the child in school and what not.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.
Licensed to practice law in Ohio and a Guardian Ad Litem for children
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10-16-2009, 03:53 PM
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Originally Posted by Ohiogal I am not LD but yes they would have a better than most chance -- though they still have to show that mom is unsuitable. that may have happened already though at some point during the 8 years which is how they were able to get medical care and enroll the child in school and what not. | Thank you (and LD)!
I suppose it would also help if we knew why and how GPs ended up with the child to begin with.
(and where IS Dad?!)
__________________ *****************************
When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman
Quote: | Salagadoola mechicka boola bibbidi-bobbidi-boo | |
10-30-2009, 05:08 PM
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Originally Posted by Hisbabygirl77 Do the grandparents have guardianship? Has your fiancee thought about how it would hurt the child to take the child from the home and people who have raised her for 8 years? The people who took over the responsibility when your wonderful fiancee was not willing to do so for whatever lame reason? | My fiancee had a troubled past but she is on her feet now. She would never take back her oldest daughter if it meant hurting her. Her oldest had continually asked my fiancee when she can move home and be with her mom and her sister. My fiancee wants to do it the right way which is when her daughter wants to come home, the problem lies with the Grandparents. They are selfishly putting their needs first. We also offer a more stable environment and a safer home with a better chance for positive influence. |
10-30-2009, 05:13 PM
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Originally Posted by Dogmatique And Oregon has no problem awarding custody to a third party - but still, where is Dad? | The father is not in the picture. He has some mental health issues and has been in and our of incarceration. My Fiancee has never given up any custodial rights and from papers we gathered at the courthouse the court that finalized the divorce gave her full custody. The Grandparents did several years ago after my fiancee signed her daughter up for the OHP, started to get assistance from the state, during which the state garnished my fiancee's wages. |
10-30-2009, 05:23 PM
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Originally Posted by Hot Topic Mr. Vesper, you do realize, don't you, that you have no legal standing in this matter? "We" is applicable if you're the child's father, and nothing in your post indicates that's the case. | I'm just gathering information for my fiancee. I do believe from speaking with my attorney and from what I have gathered from others that the state would more than likely elect my fiancee full custody for several reasons: 1) the daughter shows interest in living with her mother and sister 2) the grandparents never received custody or even applied for custody 3) The is over a 3 year track record with regular care from my fiancee with out any incidents 4) the supreme court passed measures limiting the grandparents rights from parental rights 5) If needed be the brother who become a legal guardian of her second daughter would vouch for the safety and security of my fiancee over their parents. The state certified him to parent my fiancee's second daughter while she was not able to.
Also I believe the Grandparents illegally filed their granddaughter as a dependent form many tax years with out taking the proper steps to become a legal guardian or temporary guardian. This could be used as leverage possibly to settle something outside of the courts. I don't know about this one, I just assume, but I would have to do more homework on it. |
10-30-2009, 05:29 PM
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Originally Posted by david.vesper I'm just gathering information for my fiancee. I do believe from speaking with my attorney and from what I have gathered from others that the state would more than likely elect my fiancee full custody for several reasons: 1) the daughter shows interest in living with her mother and sister 2) the grandparents never received custody or even applied for custody 3) The is over a 3 year track record with regular care from my fiancee with out any incidents 4) the supreme court passed measures limiting the grandparents rights from parental rights 5) If needed be the brother who become a legal guardian of her second daughter would vouch for the safety and security of my fiancee over their parents. The state certified him to parent my fiancee's second daughter while she was not able to.
Also I believe the Grandparents illegally filed their granddaughter as a dependent form many tax years with out taking the proper steps to become a legal guardian or temporary guardian. This could be used as leverage possibly to settle something outside of the courts. I don't know about this one, I just assume, but I would have to do more homework on it. | If you have an attorney why are you here? Quote:
The father is not in the picture. .
| Dad still has rights. Whether he's in the picture or not his rights are protected...I'm surprised your attorney didn't tell you that.
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman
Quote: | Salagadoola mechicka boola bibbidi-bobbidi-boo | | |
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