grandma has temp custody, ofp against mom and dad, dad files for visitation

[Jeeplady66]

What is the name of your state (only U.S. law)? MN

I was granted temporary custody of my granddaughters in July, due to my daughter and her bf abusing drugs. Oldest granddaughters father filed for full custody, it was not granted, but she was to visit him for 3 weeks in South Dakota. My daughter was in treatment, but walked out immediately after court. I filed an ofp against her and her bf (father of the youngest girl, age 1). Ofp was granted, daughter given supervised visits. Follow up hearing last week, oldest granddaughter's father was granted full physical and legal custody on a temp basis, I was granted full physical and legal custody of younger baby. The next day, I was served papers stating youngest daughters father is filing for visitation rights--he is legal father, but visitation was never set up (they are still a couple). Today, his mother (who served the papers) said I had been served in error and he is filing for visitation against my daughter. The papers make reference to me, alleging I am not fit and that he is clean and sober and a wonderful parent. Neither of us have lawyers involved--he has a history of drug arrests and is currently on probation in another county on a drug related charge. Is it possible he could win custody, even with an ofp against him? They are an intact couple--living together, so why would he have to file for visitation? This whole thing is ludicrous.....but should I still show up for the hearing?

 

[Proserpina]

What is the name of your state (only U.S. law)? MN

I was granted temporary custody of my granddaughters in July, due to my daughter and her bf abusing drugs. Oldest granddaughters father filed for full custody, it was not granted, but she was to visit him for 3 weeks in South Dakota. My daughter was in treatment, but walked out immediately after court. I filed an ofp against her and her bf (father of the youngest girl, age 1). Ofp was granted, daughter given supervised visits. Follow up hearing last week, oldest granddaughter's father was granted full physical and legal custody on a temp basis, I was granted full physical and legal custody of younger baby. The next day, I was served papers stating youngest daughters father is filing for visitation rights--he is legal father, but visitation was never set up (they are still a couple). Today, his mother (who served the papers) said I had been served in error and he is filing for visitation against my daughter. The papers make reference to me, alleging I am not fit and that he is clean and sober and a wonderful parent. Neither of us have lawyers involved--he has a history of drug arrests and is currently on probation in another county on a drug related charge. Is it possible he could win custody, even with an ofp against him? They are an intact couple--living together, so why would he have to file for visitation? This whole thing is ludicrous.....but should I still show up for the hearing?

Why as the OFP granted? Did it include the children

 

[Jeeplady66]

Ofp was granted due to neglect and maltreatment. Yes, I filed on behalf of the kids.

 

[Proserpina]

Ofp was granted due to neglect and maltreatment. Yes, I filed on behalf of the kids.

Is there any sort of reunification plan? Are child services involved?

(You NEED to attend that hearing, by the way. If you don't turn up, there's a better than decent chance that Dad will get whatever he wants)

 

[Jeeplady66]

No reunification plan at this time. A follow up hearing is set for Nov. Child services is not involved. The judge was VERY unhappy my daughter left her treatment program, he told her many times to check back in or complete a program. She is not willing to check back in--she says she is clean and sober but she is not in recovery that we know of. One problem we have is they were abusing prescribed Suboxone and bath salts. The bath salts will not show up on a UA. I believe the Dr terminated her out of the Suboxone program but since she is 23 I cannot get any info on the medical records.

 

[Jeeplady66]

Can I use the OFP that has been granted against him in this custody hearing? If the papers are filled out incorrectly, referring to me, not my daughter, is the case likely to get tossed out before arguements are even heard? They list my daughter as respondent, but me as legal guardian. He is asking for 50/50 custody with my daughter, but they are an intact couple, how can he even request this?

 

[Proserpina]

Can I use the OFP that has been granted against him in this custody hearing? If the papers are filled out incorrectly, referring to me, not my daughter, is the case likely to get tossed out before arguements are even heard? They list my daughter as respondent, but me as legal guardian. He is asking for 50/50 custody with my daughter, but they are an intact couple, how can he even request this?

I think you need to be prepared for your daughter and/or Dad to eventually get custody.

Do you have an attorney? If the answer to that is "no", you need to get one immediately.

 

[tuffbrk]

Can I use the OFP that has been granted against him in this custody hearing? If the papers are filled out incorrectly, referring to me, not my daughter, is the case likely to get tossed out before arguements are even heard? They list my daughter as respondent, but me as legal guardian. He is asking for 50/50 custody with my daughter, but they are an intact couple, how can he even request this?

If they aren't married, it may be the only way that he can obtain and safeguard his legal right to be Dad to his child.