Grandparents with custody, but children still in parents' possession

[roxvox]

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

My wife's parents sued for custody of our children (4 & 1 yrs old) and won permanent guardianship in December 2017. I lost my parental rights. However, the kids have been living with me since the middle of January 2018 when I guess they realized that they just wanted the power and not the responsibility. They hold this over my head all the time. At any moment, can they call the police and have me arrested for kidnapping? They live 100 miles away. Thanks in advance for the help.

 

[LdiJ]

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

My wife's parents sued for custody of our children (4 & 1 yrs old) and won permanent guardianship in December 2017. I lost my parental rights. However, the kids have been living with me since the middle of January 2018 when I guess they realized that they just wanted the power and not the responsibility. They hold this over my head all the time. At any moment, can they call the police and have me arrested for kidnapping? They live 100 miles away. Thanks in advance for the help.

Ok...what do you understand "lost my parental rights" to mean? It doesn't mean that you lost custody of the children, it means that you have been permanently removed from being their parent. It basically erases you from their birth certificates.

If you really lost your parental rights, and it was through a CPS or other social services agency action, then the grandparents are seriously breaking the law by allowing the children to live with you. If you can prove that they are allowing the children to live with you, you cannot be arrested for kidnapping, but both you AND the grandparents could be in trouble.

If you did not actually lose your parental rights, but simply lost custody, then it would be in your best interest to be quiet and placate the grandparents until the children have lived with you for at least six months, therefore establishing status quo.

 

[roxvox]

The court order states that "both parents are unfit to care for the minor children" and that my wife and I are "not allowed to remove the minor children from daycare, school, or the home of the Co-petitioners at any time"

 

[LdiJ]

The court order states that "both parents are unfit to care for the minor children" and that my wife and I are "not allowed to remove the minor children from daycare, school, or the home of the Co-petitioners at any time"

Take that paperwork and go see a local attorney for an opinion of where you need to go with this. I am going to be dead honest with you here. If you were really found to be unfit then the fact that the grandparents are allowing the children to live with you is appalling and they should go to jail for that...and the children should go to foster care.

If you were not actually unfit and they somehow convinced a judge to give them guardianship and declare you unfit then they need to go to jail for fraud...because they are admitting to the fraud by allowing the children to live with you.

 

[Just Blue]

The court order states that "both parents are unfit to care for the minor children" and that my wife and I are "not allowed to remove the minor children from daycare, school, or the home of the Co-petitioners at any time"

What were the circumstances of the court action? Was Child Protective Services involved? If yes...Why? If no...please explain.