Grandmother seeking custody of child in social services custody

[dana1961]

What is the name of your state (only U.S. law)?NC
My grandson & his 3 stepsiblings were removed from his mother & stepfather by Louisiana Dept of Social Services. The reason was for neglect. This was in Aug 2008. The stepfather is military. According to the Social Worker the mother refuses to follow care plan but the stepfather has. The stepfather has now filed for divorce. Just last week, Social Services returned my grandson to the stepfather on a temporary basis. His children remain in foster care. My son (the biological father) died before the child was born & he was not married to the mother. Paternity has been established. My questions are can the court legally give the stepfather custody and do I have any rights in order to gain custody? I have had a home study done by Dept of Social Services here in NC. The Social Worker in Louisiana told me that if the temporary custody does not work out, they will transfer custody to me. I have asked the stepfather is my grandson could visit us but he never gave me an answer. I'm afraid I will never see my grandson again. Please Help.

[IsabellaSoriano]

Originally Posted by dana1961

What is the name of your state (only U.S. law)?NC
My grandson & his 3 stepsiblings were removed from his mother & stepfather by Louisiana Dept of Social Services. The reason was for neglect. This was in Aug 2008. The stepfather is military. According to the Social Worker the mother refuses to follow care plan but the stepfather has. The stepfather has now filed for divorce. Just last week, Social Services returned my grandson to the stepfather on a temporary basis. His children remain in foster care. My son (the biological father) died before the child was born & he was not married to the mother. Paternity has been established. My questions are can the court legally give the stepfather custody and do I have any rights in order to gain custody? I have had a home study done by Dept of Social Services here in NC. The Social Worker in Louisiana told me that if the temporary custody does not work out, they will transfer custody to me. I have asked the stepfather is my grandson could visit us but he never gave me an answer. I'm afraid I will never see my grandson again. Please Help.

you have the right to sue for visitation.

here's some of the problem. the purpose of social services is reunification. the child is in Lousiana. you are in NC. that takes you out of the jurisdiction.

stepdad was available, and in the area so mom can work on reunification. she has a timeframe to follow. and being the child's legal parent, she will have many chances reinstate custody.

are you not on speaking terms with the stepfather?

[mommyof4]

Originally Posted by IsabellaSoriano

you have the right to sue for visitation.

here's some of the problem. the purpose of social services is reunification. the child is in Lousiana. you are in NC. that takes you out of the jurisdiction.

stepdad was available, and in the area so mom can work on reunification. she has a timeframe to follow. and being the child's legal parent, she will have many chances reinstate custody.

are you not on speaking terms with the stepfather?

Further, you will note that the OP never mentioned how much of a relationship she has with the child.

It is entirely possible that Stepdad is considered 'in loco parentis'. I don't feel like wading through the LRS to find the exact statute that would cover this, though.