is it leagal

[prelaw88]

is it legal for dfs to remove a child from the custody of a biological grandparent? if the child in question was in their custody when the incident occurred at the child's parents home with the other children and the child was uninvolved in the incident? do they have a legal right to obtain the child that was not present during the incident? one of the children got out of the house while their mom was in the bath room and wondered to the sidewalk, the door was locked but they did not have a slide latch on the top of the door, the 2 children that where home at this time where taken into custody and later that day when my parents returned from an outing with the 3 moth old dfs made them relinquish custody of her, even though my brother was ready to sign his right over to them. so i ask is it legal for them to have taken her.

 

[Proserpina]

is it legal for dfs to remove a child from the custody of a biological grandparent? if the child in question was in their custody when the incident occurred at the child's parents home with the other children and the child was uninvolved in the incident? do they have a legal right to obtain the child that was not present during the incident?

Missouri

Perhaps.

What exactly happened?

 

[HomeGuru]

is it legal for dfs to remove a child from the custody of a biological grandparent? if the child in question was in their custody when the incident occurred at the child's parents home with the other children and the child was uninvolved in the incident? do they have a legal right to obtain the child that was not present during the incident?

Missouri

**A: we have no idea what "the incident" was. How can we possibly give you advice if we do not have all the facts.

 

[mistoffolees]

Perhaps.

What exactly happened?

In addition to explaining what happened, you'll need to provide information like who has custody, why are the grandparents involved at all, and so on.

 

[prelaw88]

In addition to explaining what happened, you'll need to provide information like who has custody, why are the grandparents involved at all, and so on.

one of the children got out of the house while their mom was in the bath room and wondered to the sidewalk, the door was locked but they did not have a slide latch on the top of the door, the 2 children that where home at this time where taken into custody and later that day when my parents returned from an outing with the 3 moth old dfs made them relinquish custody of her, even though my brother was ready to sign his right over to them. so i ask is it legal for them to have taken her.

 

[Proserpina]

one of the children got out of the house while their mom was in the bath room and wondered to the sidewalk, the door was locked but they did not have a slide latch on the top of the door, the 2 children that where home at this time where taken into custody and later that day when my parents returned from an outing with the 3 moth old dfs made them relinquish custody of her, even though my brother was ready to sign his right over to them. so i ask is it legal for them to have taken her.

I don't think you have all of the details.

DFS is not going to request a change of custody based upon one single incident of that nature.

 

[mistoffolees]

I don't think you have all of the details.

DFS is not going to request a change of custody based upon one single incident of that nature.

OP says that the kids were removed from the custody of the grandparents. Then she says the incident was the kids leaving Mom's house. Why would the grandparents have custody?

And why is "my brother was ready to sign his right over to them" even remotely relevant? Why would Mom's brother have any rights?

There seems to be a LOT missing from this story.

 

[prelaw88]

ok let me try to explain this my parents had the 3 month old with them, while the other two children where at their home with their biological parents, my brother and his girlfriend lived with the three children in their home. the 2 older children had been returned to them a year prior to this incident, the first time they were taken it was because of an unkempt home they had been home a year with no incidents. on the day in question the 4 year old unlocked the deadbolt on the door and went outside while his mother was in the rest room a neighbor saw him and called dfs. my parents the biological grandparent of the 3 month old had the child with them when the first 2 children where removed from the home and she had no prior involvement with dfs, so what im asking is if it is legal for them to have taken her from my parents when my brother was making arrangements for legal guardianship to be transferred to my parents.

 

[mistoffolees]

The situation is still not clear - and it is extremely likely that there's more to the story.

But, in the end, the answer is "yes, it's legal for DFS to take children that they think are in danger." Whether your brother had other plans or not is completely, totally irrelevant.

 

[Ohiogal]

ok let me try to explain this my parents had the 3 month old with them, while the other two children where at their home with their biological parents, my brother and his girlfriend lived with the three children in their home. the 2 older children had been returned to them a year prior to this incident, the first time they were taken it was because of an unkempt home they had been home a year with no incidents. on the day in question the 4 year old unlocked the deadbolt on the door and went outside while his mother was in the rest room a neighbor saw him and called dfs. my parents the biological grandparent of the 3 month old had the child with them when the first 2 children where removed from the home and she had no prior involvement with dfs, so what im asking is if it is legal for them to have taken her from my parents when my brother was making arrangements for legal guardianship to be transferred to my parents.

Yes it is legal for them to remove ALL the children from teh custody of their parents if they believes that lack of supervision is an issue.