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Parent incarcerated & Grandparents have the kids.

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Arkseven

Junior Member
What is the name of your state? KY

Our daughter is divorced w/ 2 kids. She recently (and unforturnatly) is incarcerated for a 2nd offense DUI for 30 days. :eek: The father of the kids does have visitation and pays child support on occasion.

We have the Grandkids in our possession and the father is not capable (lives in a 1 bedroom appartment, nor does he desire) to raise the kids. However, he lives an hour and a half away and demands that we meet him half way to take the kids for his visitation. At this point we are refusing to bow to his demands and have told him he is free to come pick-up the children at anytime for visitation but we will not drive halfway to his house. (For some reason our daughter and he had come to this arrangement verbally).

Q.1. Should we participate in this demand from him?

We have POA from our daughter to handle all matters pertaining to the children (GENERAL POWER OF ATTORNEY THAT INCLUDES SPECIAL POWER OF ATTORNEY (IN LOCO PARENTIS) POWERS) and she has custody of the kids from the divorce.

Q.2. Do we have authority to enforce child support aggreement and receive the child support monies from the non-custodial parent? Is he obligated to provide child support to the Grandparents that have possession of the children?

Q.3 What legal rights do we have at this point, say IF the non-custodial parent decides he is angry with us for NOT meeting his demands (as described above) and does not return the children from a weekend visit.

The children need a stable enviroment, and we have told our daughter that she will not take the kids until/unless she gets her life together. She is displaying regret and remorse for her actions at this point and has assured us that she is serious about getting the counsel necessary to provide a stable enviorment. However, we as her parents are standing firm with a tough love mentality that she is going to have to prove herself, as this is a second offense, obvisiously not learning from the first DUI.

I might add that we are Christians, our 23 yr old daughter has fell into the wrong crowd on the weekends but will still attend church with us on Sundays. Our main focus is providing a stable loving enviroment for our Grandkids. We still have two teenage kids ourselves at home and could use the finiancial support in raising two additional school age and preschool aged kids, besides it is the obligation of BOTH parents to provide support for the children they bring into the world; meaning our daughter will be told that she will also support the children finiancially after she obtains another job and gets her life in order. Even IF she has to make small monetary payments in the future repaying her part of her obligation.

Q.4 Any suggestions in dealing with this type of situation?
 


BL

Senior Member
What is the name of your state? KY

Our daughter is divorced w/ 2 kids. She recently (and unforturnatly) is incarcerated for a 2nd offense DUI for 30 days. :eek: The father of the kids does have visitation and pays child support on occasion.

We have the Grandkids in our possession and the father is not capable (lives in a 1 bedroom appartment, nor does he desire) to raise the kids. However, he lives an hour and a half away and demands that we meet him half way to take the kids for his visitation. At this point we are refusing to bow to his demands and have told him he is free to come pick-up the children at anytime for visitation but we will not drive halfway to his house. (For some reason our daughter and he had come to this arrangement verbally).

Q.1. Should we participate in this demand from him?

We have POA from our daughter to handle all matters pertaining to the children (GENERAL POWER OF ATTORNEY THAT INCLUDES SPECIAL POWER OF ATTORNEY (IN LOCO PARENTIS) POWERS) and she has custody of the kids from the divorce.

Q.2. Do we have authority to enforce child support aggreement and receive the child support monies from the non-custodial parent? Is he obligated to provide child support to the Grandparents that have possession of the children?

Q.3 What legal rights do we have at this point, say IF the non-custodial parent decides he is angry with us for NOT meeting his demands (as described above) and does not return the children from a weekend visit.

The children need a stable enviroment, and we have told our daughter that she will not take the kids until/unless she gets her life together. She is displaying regret and remorse for her actions at this point and has assured us that she is serious about getting the counsel necessary to provide a stable enviorment. However, we as her parents are standing firm with a tough love mentality that she is going to have to prove herself, as this is a second offense, obvisiously not learning from the first DUI.

I might add that we are Christians, our 23 yr old daughter has fell into the wrong crowd on the weekends but will still attend church with us on Sundays. Our main focus is providing a stable loving enviroment for our Grandkids. We still have two teenage kids ourselves at home and could use the finiancial support in raising two additional school age and preschool aged kids, besides it is the obligation of BOTH parents to provide support for the children they bring into the world; meaning our daughter will be told that she will also support the children finiancially after she obtains another job and gets her life in order. Even IF she has to make small monetary payments in the future repaying her part of her obligation.

Q.4 Any suggestions in dealing with this type of situation?
Double post , keep to one thread please .

https://forum.freeadvice.com/showthread.php?t=355524
 

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