Attn Flounder

[CJane]

What is the name of your state? CA

Grandson's in CPS Custody

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Thank you for replying to my post. I just have a couple more questions.
1.) If the parents rights are taken away, will CPS notify me before letting anyone else adopt my grandson?

That's not likely. HOWEVER they will have to notify/serve your son. So HE can let you know. And it's not a fast process.

2.) The reason I haven't stepped forward until now, is because my son and his ex girlfreind where taking classes to try to get my grandson back. Since I live in California I knew they wouldn't beable to see him since it was so far away and with it being a different state I thought I had no chance anyways.

So they had a plan through CPS and failed to complete it? That does not bode well for their rights being maintained... or for you adopting since it's possible they wouldn't want the father or the mother to have future contact with the child/ren.

3.) I've been told that after the child is in CPS custody for 1 yr or more, that they can termenate the parents rights if they haven't tried to get their child back. Is that true?

Not necessarily. It's not a black and white issue.

4.) I guess I'm just asking, What I should do? If it's a loosing battle I wouldn't want to put my grandson through anymore than he has been in. I just want to beable to be in contact with him. Thank you again and I greatly apprecitate your advice.

Can you get in contact with the Foster parent?

IMO it would be a losing battle. One you'd certainly be ALLOWED to fight, but you have to determine if you have the time, the money, the emotional resources AND that you want to put the child through the wringer.

 

[Ohiogal]

Hey Flounder

Thank you for replying to my post. I just have a couple more questions.
1.) If the parents rights are taken away, will CPS notify me before letting anyone else adopt my grandson?

You are considered a legal stranger so no, you will not be notified. However there will have to be a trial before the rights of the parents' are terminated. Even if they are in prison, they will be able to attend and fight for their rights to be maintained. If they (either of the parents) tell you about the trial, you may even be able to be called as a witness or state then that you would like custody.

2.) The reason I haven't stepped forward until now, is because my son and his ex girlfreind where taking classes to try to get my grandson back. Since I live in California I knew they wouldn't beable to see him since it was so far away and with it being a different state I thought I had no chance anyways.

Okay like Cjane stated, it sounds like they had a caseplan to work and they didn't work it and complete it successfully. Do each of the parents have attorneys? Have they petitioned for more time to complete the case plan? Where are they located? Apparently it is under a DIFFERENT state's laws and that makes a LOT of difference. What state applies here? CA is apparently not it. So where is the child in foster care?

3.) I've been told that after the child is in CPS custody for 1 yr or more, that they can termenate the parents rights if they haven't tried to get their child back. Is that true?

After a year the state can petition to have their rights terminated and a trial will be held.

4.) I guess I'm just asking, What I should do? If it's a loosing battle I wouldn't want to put my grandson through anymore than he has been in. I just want to beable to be in contact with him. Thank you again and I greatly apprecitate your advice.

Do what I told you. Contact an attorney in the area where your grandson is in foster care. You will have questions to answer. Some of which you have answered. YOu will have to undergo a background check. You will also have to find out if the child is placed with the stepaunt OR the step-aunt has legal custody of the child. Those are two different animals.

Oh and just for my own curiosity are the grandma or grandpa?

 

[flounder]

Grandson's in CPS custody

1.) Yes, my son and his ex-girl friend didn't complete the caseplan successfully. There young and haven't seemed to care to much, but they do go to see my grandson from time to time. They tried at first but slacked off after a few months.
2.) No they don't have attorneys and they haven't petitioned for more time as of yet.
3.) My grandson is in fostercare in the state of Montana.
4.) No I can't get in contact with the foster parents, CPS said I had to go through them.
5.) Oh and the grandparents on the other side have had there problems as well. The grandmother has been in a mental hospital as well. The grandfather has been in jail a few times to. Not sure about the aunt my grandson is living with, but she must be ok for CPS to place my grandson in her care. Myself, I've never been in trouble with the law, not even a traffic ticket. I've raised 6 children of my own and wouldn't think twice to raise my grandson.
6.) I was just scared now that my son has been sent to prison, that they would try to adopt my grandson out.
7.) Do you have an idea how much something like this would cost. I've been told by a few people that have adopted, that it really doesn't cost much at all. The money really isn't an issue, my grandson is worth every penny to me and I just want to try my best to make his life a better one than his parents have had. But I don't want to make this little guy, that is only a year old go through the ringer either.
8.) The aunt doesn't have legal custody, CPS has just placed my grandson with her until the parents could get their act together.

 

[stealth2]

Flounder - PLEASE follow the advice of the previous posters.

And... sorry for the trainwreck your other thread turned into.

 

[Grandma's house]

All I can answer to your questions (from my own "experience" and is not legal advice because I AM NOT an atty.) and it was not adoption but "custody". I have not kept tabs but for the "total" to date and some major fees could have been avoided had I had a crystal ball...I am a grand parent too.

To date approx. $22,000

However I was paying both my child's (a parent) attys. fees as the gurantor (I signed a contract to be the gurantor) 1/4 of the way through until he had to withdraw because it is "illegal" or "unethical" to continue when I was the gurantor. (So, this is a skip for you) I had to get my own (2 infact) and intervene into the existing case. Thus was paying #3 attys. fees Yes, I wanted 2of them (I don't think you need) and I did not have to of course but wanted to. The family court one did a fine job up until trial, however I also wanted someone KEEN in criminal back ground and a prior prosecutor thus brought him in. I do feel in my case both attys. for myself were needed and that was not the crystal ball issue I would change today. It was the first one...however I can always say: I tried to help you and you blew it.
Your case sounds more easy as I do not think your son will fight you and is in prison you say? Turns out the dad in my case is now possibly going back for TWO brand new felony charges AND a little birdie just told me a poss. 3rd. ALL felonies. Even with THIS crystal ball so soon with the new felonies...I still would have had to fight or TODAY he would have custody. The child would BE where your grand baby is today.

How I personally see YOUR case...both parents are already proven unfit and your grandbaby is in a foster home and you need to go get him. GET AN ATTY. (JUST ONE) LOL

The ONLY thing I added here was to say I am only responding to #7 of your questions and to say...IF you could have a crystal ball it would be nice. These cases however DO take on a life of their own...

 

[Perky]

All I can answer to your questions (from my own "experience" and is not legal advice because I AM NOT an atty.) and it was not adoption but "custody". I have not kept tabs but for the "total" to date and some major fees could have been avoided had I had a crystal ball...I am a grand parent too.

To date approx. $22,000

However I was paying both my child's (a parent) attys. fees as the gurantor (I signed a contract to be the gurantor) 1/4 of the way through until he had to withdraw because it is "illegal" or "unethical" to continue when I was the gurantor. (So, this is a skip for you) I had to get my own (2 infact) and intervene into the existing case. Thus was paying #3 attys. fees Yes, I wanted 2of them (I don't think you need) and I did not have to of course but wanted to. The family court one did a fine job up until trial, however I also wanted someone KEEN in criminal back ground and a prior prosecutor thus brought him in. I do feel in my case both attys. for myself were needed and that was not the crystal ball issue I would change today. It was the first one...however I can always say: I tried to help you and you blew it.
Your case sounds more easy as I do not think your son will fight you and is in prison you say? Turns out the dad in my case is now possibly going back for TWO brand new felony charges AND a little birdie just told me a poss. 3rd. ALL felonies. Even with THIS crystal ball so soon with the new felonies...I still would have had to fight or TODAY he would have custody. The child would BE where your grand baby is today.

How I personally see YOUR case...both parents are already proven unfit and your grandbaby is in a foster home and you need to go get him. GET AN ATTY. (JUST ONE) LOL

The ONLY thing I added here was to say I am only responding to #7 of your questions and to say...IF you could have a crystal ball it would be nice. These cases however DO take on a life of their own...

Grandma, it is posts like this that get you in hot water with the seniors, I think. Did you read what you wrote? Maybe it's just me, but your post seems meandering and confusing. It's hard to find the pertinent information.


However, I think I did find the information that you were trying to relate to the OP. Let me know if this is it:


I have been embroiled in a similar situation. My advice to you is to get an attorney as soon as possible. To date, I have spent $22,000 to get custody of my grandson. Your costs may be more or less. You should also consider custody instead of adoption. It's likely to be a more successful outcome for you.

 

[Grandma's house]

Actually to state $22,000 would scare any grandparent...I was illustrating to WATCH what a case CAN cost and to get to the bone of the matter vs. screwing around IN THE FIRST PLACE...in my expressing my "experience" for her. Also to see that there ARE other g.p.s out there willing to do the extemities to make the accomplishment because in the very END...

It is ONLY for the child we are sacrificing OURSELVES for to save from a life of foster homes and LIVING IN THE SYSTEM and knowing one of our own IS out there somewhere being left behind. Even then some grand parents can't do it or don't want to thus aren't going to be COMING HERE if that were the case...DO YOU SEE my point in this?? I'm sure the G.P.s do.

That if a real estate transaction or ANYTHING else....you CAN just throw in the towel but a little child YOU JUST CANNOT and be able to live with it. If of course you ARE seeking help NOW.

So...how I do it...and HOW I express myself...IS MY way and it will stand!!! PERIOD.

 

[Grandma's house]

Grandma, it is posts like this that get you in hot water with the seniors, I think.

You think??? No...it is posting LEGAL advise when I am not sure and even when I was...I was WRONG!!! I do so enjoy learning it though as it is in my blood...G.F. was a U.S. Senator, Dad a Police officer and many Uncles lawyers too in SUNNY SO. CALIF...THEY PROBABLY KNOW C.C. ! Wish I had made it my major but far too old now.
Don't believe me? There IS a Sr. on here in CA. kind enough to check up on my folks for me and if she has not already she may ask them even ask to see the pics. I only ask she keep their and my anonymitity (sp?) you know what I mean.

So there!!!

 

[Perky]

Okay, whatever you say.

My point is that your posts are sometimes incomprehensible, so any valuable information gets lost in your story telling. If that's your goal, then go for it.

As to your age preventing you from a career change, you are wrong. I am not suggesting that you attend law school; however, I am older than you and still attend school to advance the career to which I changed 10 years ago.

You are only too old if you think you're too old.

 

[Grandma's house]

I get that...however in my case...I "know" I am too old. Lots of things change at my age when you have a 3 yr. old again. No more traveling abroad let alone going to school AND working full time. Somethings have to be sacrificied to compensate when a g.p. is raising a child and THIS in itself is also good wisdom for G.P.s here.

You gotta give up some things cuz you can only do so much. Child first, work 2nd and IF you can make a nail apptmt. vs. using the time for a nap...you are lucky.