Custody question regarding granddaughter

[tdavidson1987]

Let me give you some background before asking my question. My son and his wife have 3 children. They moved up to a home in Frederick County, VA before the 3rd child was born. The mother is very abusive and as drug/alcohol problems. Two years ago, the oldest grandchild( age 11) started dating a 17 year old, smoking, and drinking alcohol that was provided by the parents. The second oldest grandchild(9 years old) also consumed alcohol. The parents thought that it was funny that the children slept all day after drinking because they had hangovers. There have also been instances of abuse from the mothers side of the family. I have called CPS numerous times, but nothing ever seems to be done. The children are hit for no reason, they have allergies to cigarette smoke, but are subjected to it constantly. The oldest has been hospitalized from having a asthma attach due to the smoke. The second oldest cries because he does not want to live with them. They are cruel and beat on him. I don't know what else to do since CPS is not helping. I thought CPS protects the child from abuse, but I am now lacking confidence in the system. I have two questions. My first is, is it illegal to kick a 11 year old of the house? Two years ago, my grandchild was kicked out of her parents house by her biological parents. She came to live with me. After the end of the school year, her mother took her back. By October of last year, she proceeded to strip her of her clothing, beat her, and then threw her out of the house for a second time. She came back down to live with me. I am trying to get custody and am being told different things by each court. The parents reside in Frederick County, VA and the child and I reside in Loudoun County, VA. When I did research on the VA state law website, it stated that you would file for custody in the county that the child resides in. Her parents refuse to give me legal and physical custody, but have told the child and myself numerous times, that she will never be aloud to live with them again. What can I do to get the ball rolling? I am tired of being told different stories and would just like to get this resolved.

 

[Proserpina]

Let me give you some background before asking my question. My son and his wife have 3 children. They moved up to a home in Frederick County, VA before the 3rd child was born. The mother is very abusive and as drug/alcohol problems. Two years ago, the oldest grandchild( age 11) started dating a 17 year old, smoking, and drinking alcohol that was provided by the parents. The second oldest grandchild(9 years old) also consumed alcohol. The parents thought that it was funny that the children slept all day after drinking because they had hangovers. There have also been instances of abuse from the mothers side of the family. I have called CPS numerous times, but nothing ever seems to be done. The children are hit for no reason, they have allergies to cigarette smoke, but are subjected to it constantly. The oldest has been hospitalized from having a asthma attach due to the smoke. The second oldest cries because he does not want to live with them. They are cruel and beat on him. I don't know what else to do since CPS is not helping. I thought CPS protects the child from abuse, but I am now lacking confidence in the system. I have two questions. My first is, is it illegal to kick a 11 year old of the house? Two years ago, my grandchild was kicked out of her parents house by her biological parents. She came to live with me. After the end of the school year, her mother took her back. By October of last year, she proceeded to strip her of her clothing, beat her, and then threw her out of the house for a second time. She came back down to live with me. I am trying to get custody and am being told different things by each court. The parents reside in Frederick County, VA and the child and I reside in Loudoun County, VA. When I did research on the VA state law website, it stated that you would file for custody in the county that the child resides in. Her parents refuse to give me legal and physical custody, but have told the child and myself numerous times, that she will never be aloud to live with them again. What can I do to get the ball rolling? I am tired of being told different stories and would just like to get this resolved.

You honestly need an attorney for this. I have a suspicion that if you actually file something in court, the parents are simply going to take the child back into their home and that will mean an ugly court battle.

If CPS don't feel removal is warranted, you're going to have a very hard time proving the parents unfit (assuming they won't sign over custody willingly).

The children should also be encouraged to talk to their school counselors (who are mandated reporters).

 

[Isis1]

how long has the child been living with you?

and to be honest, the courts will be less inclined to agree with you if you have nothing to back you up. such as medical records, criminal charges, CPS reports, and/or parental consent.

 

[Hot Topic]

Those are very serious charges that you're making. Do you have proof to back them up, meaning have you personally witnessed the abuse? For all we know, some of the charges could have been made up by the kids.