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My Grandma needs HELP fast!!!

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What is the name of your state (only U.S. law)? Texas/Colorado


Ok My grandma had no computer and is trying to find out what to do....Im trying to help her from FL and she lives in Texas....

She had conservatorship of my cousin who is 12. Her mother had the child taken from her when she was small. She has no legal rights. She was supposed to take anger managment and go to teen connection in Texas. Her visitation was to be supervised. My cousins dad was in prison most of her life. This was over 10 years ago. Now over the summer my grandmother allowed my cousin to go see her mom in COlorado who has had no contact. She was supposed to have her back August 12. Her mother has enrolled her in school. My grandparents are very poor and my grandma doesnt know what to do or if she needs a lawyer. I told her to go to where the order originated to ask for an emergency hearing to get an order to get her back. I told her its not good that another state is involved and she is enrolled in school. WHAT does my grandma need to do??? Please help me to guide her to the right path..
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Texas/Colorado


Ok My grandma had no computer and is trying to find out what to do....Im trying to help her from FL and she lives in Texas....

She had conservatorship of my cousin who is 12. Her mother had the child taken from her when she was small. She has no legal rights. She was supposed to take anger managment and go to teen connection in Texas. Her visitation was to be supervised. My cousins dad was in prison most of her life. This was over 10 years ago. Now over the summer my grandmother allowed my cousin to go see her mom in COlorado who has had no contact. She was supposed to have her back August 12. Her mother has enrolled her in school. My grandparents are very poor and my grandma doesnt know what to do or if she needs a lawyer. I told her to go to where the order originated to ask for an emergency hearing to get an order to get her back. I told her its not good that another state is involved and she is enrolled in school. WHAT does my grandma need to do??? Please help me to guide her to the right path..
Were the mother's parental rights terminated? That happens quite frequently in CPS/DFS/Social Services cases if the parent doesn't comply with a case plan.

If so, then its a flat out kidnapping and grandma needs to get the police involved.

If mom's parental rights were NOT terminated then grandma needs to do what you said, go to court where the orders were made and get an emergency pickup order....then go to mom's state, go to the courthouse and domesticate the emergency pickup order, then call the police there to assist her in picking up the children.

All of this is going to take some money. The family probably needs to help grandma with that.
 

Ohiogal

Queen Bee
Were the mother's parental rights terminated? That happens quite frequently in CPS/DFS/Social Services cases if the parent doesn't comply with a case plan.

If so, then its a flat out kidnapping and grandma needs to get the police involved.

If mom's parental rights were NOT terminated then grandma needs to do what you said, go to court where the orders were made and get an emergency pickup order....then go to mom's state, go to the courthouse and domesticate the emergency pickup order, then call the police there to assist her in picking up the children.

All of this is going to take some money. The family probably needs to help grandma with that.
Usually if the family gets custody then the parents do NOT have their rights terminated -- that is one method that parents can take to avoid termination of their rights. However why did GRANDMA allow the child to go with mom over the summer? Were there court orders for visitation? Or did grandma act on her own to allow this?
 

nextwife

Senior Member
Her mother had the child taken from her when she was small. She has no legal rights. . . .Now over the summer my grandmother allowed my cousin to go see her mom in COlorado who has had no contact.
Was Grandma even ALLOWED to let the mom have contact, much less unsupervised possession time with your cousin? If mom's rights were terminated by DFCS, I doubt Grandma was supposed to let the child be with mom in the first place.
 
Were the mother's parental rights terminated? That happens quite frequently in CPS/DFS/Social Services cases if the parent doesn't comply with a case plan.

If so, then its a flat out kidnapping and grandma needs to get the police involved.

If mom's parental rights were NOT terminated then grandma needs to do what you said, go to court where the orders were made and get an emergency pickup order....then go to mom's state, go to the courthouse and domesticate the emergency pickup order, then call the police there to assist her in picking up the children.

All of this is going to take some money. The family probably needs to help grandma with that.
My grandmother took her mom to court and won conservatorship and my cousins mother had to take these classes in order to get unsupervised visitation. My granmother allowed her to go on her one accord to see her sisters (half). My grandma called the cops and they told her she had to get a lawyer because it wasnt custody it was conservatorship!!!!
 
Usually if the family gets custody then the parents do NOT have their rights terminated -- that is one method that parents can take to avoid termination of their rights. However why did GRANDMA allow the child to go with mom over the summer? Were there court orders for visitation? Or did grandma act on her own to allow this?
My grandma allowed it while my cousins grandmother said she would supervise and my grandma cant get hold of my cousin on her phone anymore. My cousin had her own cell phone.
 
My grandmother feels her best bet is maybe going up there and getting her while in school??? I told her the school should abide by the orders. If she needs an attorney what will they be able to do? What would be filed and how soon? THANK YOU SO MUCH for the help so far.
 

Ohiogal

Queen Bee
My grandmother feels her best bet is maybe going up there and getting her while in school??? I told her the school should abide by the orders. If she needs an attorney what will they be able to do? What would be filed and how soon? THANK YOU SO MUCH for the help so far.
Sounds like a plan.
 
Sounds like a plan.
So there should not be any problem with that? The cops in Texas told her that conservatorship was not custody so they couldnt do anything. I know usually cops cant cuz its civil matters .
And you think this will be ok at this point without an attorney?
 

jesslee83

Member
i imagine the school should be ok with it, because if mom has a supervised visitation order, with grandmother having custody, then mom did not have the right to enroll the child(i'm sure i'll be corrected if i'm wrong)...therefore, she can probably enroll the child here in tx, then take her papers to CO, pick the child up from school, explain to the school the issue, and there shouldn't be an issue...and then, grandma may want to entertain an RO...and NOT allow kiddo to go to the gas station across the street with mom until unsupervised visitation has been requested and granted. i'm taking it mom never took her required classes? which would mean, granny still has conservatorship over the child...and what other grandmother was supposed to supervise? it seems granny should have sent child to visit another relative, and allow mom to see her there only...or is that how it was supposed to work in the beginning?
 
i imagine the school should be ok with it, because if mom has a supervised visitation order, with grandmother having custody, then mom did not have the right to enroll the child(i'm sure i'll be corrected if i'm wrong)...therefore, she can probably enroll the child here in tx, then take her papers to CO, pick the child up from school, explain to the school the issue, and there shouldn't be an issue...and then, grandma may want to entertain an RO...and NOT allow kiddo to go to the gas station across the street with mom until unsupervised visitation has been requested and granted. i'm taking it mom never took her required classes? which would mean, granny still has conservatorship over the child...and what other grandmother was supposed to supervise? it seems granny should have sent child to visit another relative, and allow mom to see her there only...or is that how it was supposed to work in the beginning?


Hi Jess., Yes my granma is the paternal grandmother and the other grandma is the maternal who was supposed to be the supervisor and ended up just leaving the child with her mother. My grandparents have raised her her entire life and the only family she has is my brother who is several months older and my parents as well as sister. My grandma only has my mom, my uncle ( nowhere to be found) and 2 other daughters. One lives in another state and all of the grandchildren are grown. My brother is over 10 years younger as is my cousin so thats really as she has to visit but my grandmother allowed her so she could see her halfsisters.
 

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