Custodial grandparent passed away. What happens now?

[Aguerra01]

My daughter suffered from shaken baby syndrome by her mother and her husband at the time. They went to jail for 5 years. My daughter went to live with her maternal grandparents, they wanted her bc they felt the could better financially care for her. They made quiet a bit of money, more than I had at the time. They had me sign over my rights to them where I was not responsible for child support. I'm not even sure exactly what all I signed, I was young. It's been 12 years. They however would not let me see her. Every time I showed up to see her they turned me away. I haven't seen her since she was 18 months old.
She is disabled and has many special needs and was recently put in a residential facility. She is now 13 years old. The grandparents since divorced and the grandmother passed away about 2 weeks ago. 3 days ago I received a letter from juvenile office saying I needed to go to court regarding my daughter. Since her grandmother passed my daughter has been a ward of the state. I called the juvenile officer and they asked a few question such as could I afford a lawyer or do I want to try to get a free attorney. When was the last time I saw her and did I have a criminal background, which I do not. They asked what happened all those years ago. They asked what happened to her and said she has significant special needs.
I'm unsure what this court hearing is for. I'm thinking of a million different things. Me getting custody, me having to pay child support, all of her needs I can't afford to care for. Her needs are above my means. My gf is a quadriplegic so we have a lot of challenges as it stands. What's going to happen now. Can I get custody, but would they do that because she doesn't know who I am. She might not understand I'm her dad or what that means. I have lots of questions. I'm just curious what could be going on. I will go to court in 3 days, without a lawyer, yet... I will keep you updated bc I need as much help as possible. I just don't know the possibilities I'm looking at. Any thoughts?

 

[LdiJ]

My daughter suffered from shaken baby syndrome by her mother and her husband at the time. They went to jail for 5 years. My daughter went to live with her maternal grandparents, they wanted her bc they felt the could better financially care for her. They made quiet a bit of money, more than I had at the time. They had me sign over my rights to them where I was not responsible for child support. I'm not even sure exactly what all I signed, I was young. It's been 12 years. They however would not let me see her. Every time I showed up to see her they turned me away. I haven't seen her since she was 18 months old.
She is disabled and has many special needs and was recently put in a residential facility. She is now 13 years old. The grandparents since divorced and the grandmother passed away about 2 weeks ago. 3 days ago I received a letter from juvenile office saying I needed to go to court regarding my daughter. Since her grandmother passed my daughter has been a ward of the state. I called the juvenile officer and they asked a few question such as could I afford a lawyer or do I want to try to get a free attorney. When was the last time I saw her and did I have a criminal background, which I do not. They asked what happened all those years ago. They asked what happened to her and said she has significant special needs.
I'm unsure what this court hearing is for. I'm thinking of a million different things. Me getting custody, me having to pay child support, all of her needs I can't afford to care for. Her needs are above my means. My gf is a quadriplegic so we have a lot of challenges as it stands. What's going to happen now. Can I get custody, but would they do that because she doesn't know who I am. She might not understand I'm her dad or what that means. I have lots of questions. I'm just curious what could be going on. I will go to court in 3 days, without a lawyer, yet... I will keep you updated bc I need as much help as possible. I just don't know the possibilities I'm looking at. Any thoughts?

Since you do not know what the hearing is about, or at least don't understand what the hearing is about from the paperwork that you have, its very difficult for anyone to give you any advice. You also do not know what you signed those years ago so you do not know if you are even still legally the child's father. You need an attorney who can both explain to you what is going on, and who can research what you signed those years ago.

 

[Aguerra01]

Since you do not know what the hearing is about, or at least don't understand what the hearing is about from the paperwork that you have, its very difficult for anyone to give you any advice. You also do not know what you signed those years ago so you do not know if you are even still legally the child's father. You need an attorney who can both explain to you what is going on, and who can research what you signed those years ago.

Thank you. I'll be sure to get a lawyer who can do this for me. I thought I signed my rights over to them but why would they contact me if my rights were signed over? I'll inform you of what they say after court.

 

[adjusterjack]

why would they contact me if my rights were signed over?

Maybe your rights weren't signed over.

Just speculating here.

It's possible that what you signed was just an authorization for the grandparents to take care of your daughter and it didn't relinquish your rights or your obligations.

I will go to court in 3 days,

Three days is Tuesday?

Presumably the letter you got gave you the name of the court, the location, AND the case name and number.

I suggest you get on to the court's website and see if you can bring up the case and review the documents that are already on the file. If you can't see the documents, the docket might give you some idea of what is going on. Even so, it would be a good idea to go to the courthouse Monday morning, review the documents and get copies to take home. You'll be better prepared for the hearing and you can decide if you want a lawyer.

 

[laurakaye]

Do you know if Grandpa is still alive?

Generally, if the parents are divorced, the non-custodial parent assumes full custody.

It's also possible that grandma left assets to care for the child.

You write: "I received a letter from juvenile office saying I needed to go to court regarding my daughter." Does the letter say anything else? (Non-identifying information.)

What state do you live in?

 

[Aguerra01]

Maybe your rights weren't signed over.

Just speculating here.

It's possible that what you signed was just an authorization for the grandparents to take care of your daughter and it didn't relinquish your rights or your obligations.



Three days is Tuesday?

Presumably the letter you got gave you the name of the court, the location, AND the case name and number.

I suggest you get on to the court's website and see if you can bring up the case and review the documents that are already on the file. If you can't see the documents, the docket might give you some idea of what is going on. Even so, it would be a good idea to go to the courthouse Monday morning, review the documents and get copies to take home. You'll be better prepared for the hearing and you can decide if you want a lawyer.

It is possible that I did not relinquish my rights. I know I was never ordered to pay child support. Maybe that's what it was about. I can't say at this time, until I see the paperwork. I will go check out the courts website because I do believe it had case name and number. I can't believe I never thought about that myself. I would go to the courthouse but it's a 2 hour drive, one way. I misspoke, court it Wednesday. Not Tuesday! I'm going to see what I can dig up on the website now. Thank you for suggesting this.

 

[Just Blue]

What State is this in?

 

[Aguerra01]

I cant find any information on case yet but it says NOTICE OF ADJUDICATION/DISPOSTION HEARING... What does that mean? I'm doing some research now but it sounds scary. Should I worry?

State of Missouri

 

[laurakaye]

I cant find any information on case yet but it says NOTICE OF ADJUDICATION/DISPOSTION HEARING... What does that mean? I'm doing some research now but it sounds scary. Should I worry?

State of Missouri

Adjudication is a legal word that means a formal decision. In juvenile and family court [assuming this is juvenile and family court] dispositional hearings are hearings to determine the legal resolution of cases after adjudication. Dispositional hearings may decide questions such as: where the child will live for the time being, who will have legal custody, and what services the child and family will need to reduce the risk and to address the effects of maltreatment.

Worrying is not time well spent - focus on taking action.

You wrote: "I called the juvenile officer and they asked a few question such as could I afford a lawyer or do I want to try to get a free attorney."

If you don't have the resources to hire an attorney, on Monday, the first thing I'd do is call the juvenile officer back and find out how you go about "trying" to get a free attorney. Or, you can start the process of applying for Legal Aid in Missouri here: https://www.lsmo.org/node/747/our-offices

I would also ask if this is a hearing to determine guardianship or conservatorship.

(A guardian is a person appointed by the court to make healthcare and other mostly non-monetary decisions for someone who cannot make these types of decisions because of an injury, illness, or disability. A conservator is a person appointed by the court to take care of someone's finances when he or she cannot make these types of decisions because of an illness, injury, or disability.)

There are so many unknowns ... I would not go into an adjudication/disposition hearing without legal representation.

I'm wishing you the best.

 

[Aguerra01]

Adjudication is a legal word that means a formal decision. In juvenile and family court [assuming this is juvenile and family court] dispositional hearings are hearings to determine the legal resolution of cases after adjudication. Dispositional hearings may decide questions such as: where the child will live for the time being, who will have legal custody, and what services the child and family will need to reduce the risk and to address the effects of maltreatment.

Worrying is not time well spent - focus on taking action.

You wrote: "I called the juvenile officer and they asked a few question such as could I afford a lawyer or do I want to try to get a free attorney."

If you don't have the resources to hire an attorney, on Monday, the first thing I'd do is call the juvenile officer back and find out how you go about "trying" to get a free attorney. Or, you can start the process of applying for Legal Aid in Missouri here: https://www.lsmo.org/node/747/our-offices

I would also ask if this is a hearing to determine guardianship or conservatorship.

(A guardian is a person appointed by the court to make healthcare and other mostly non-monetary decisions for someone who cannot make these types of decisions because of an injury, illness, or disability. A conservator is a person appointed by the court to take care of someone's finances when he or she cannot make these types of decisions because of an illness, injury, or disability.)

There are so many unknowns ... I would not go into an adjudication/disposition hearing without legal representation.

I'm wishing you the best.

I don't have the money/time to hire an attorney. I told the juvenile officer I'd like legal aid and said she would send the paperwork,, however I won't receive it until after the court date. Your exactly right there are so many unknowns. I'm just hoping for the best. I'll see what I can do Wednesday. I'm trying not to worry, it won't fix anything. I'll check out the process for applying for legal aide.... Thank you!

 

[stealth2]

Call Legal Aid yourself. You are in way over your head.

 

[Aguerra01]

Call Legal Aid yourself. You are in way over your head.

Now I'm getting worried...

 

[Ohiogal]

Legal aid is most likely not who appointed you counsel. YOU need to apply for court appointed counsel. I practice in juvenile court (in OHIO but still). You didn't sign over rights, you just didn't have VISITATION rights. That is an issue. You are behind the 8 ball on this. You need to apply for counsel through JUVENILE COURT. And then you need to determine what you want. Because you haven't had a relationship other than maybe child support … Which is ridiculous.

 

[Aguerra01]

Legal aid is most likely not who appointed you counsel. YOU need to apply for court appointed counsel. I practice in juvenile court (in OHIO but still). You didn't sign over rights, you just didn't have VISITATION rights. That is an issue. You are behind the 8 ball on this. You need to apply for counsel through JUVENILE COURT. And then you need to determine what you want. Because you haven't had a relationship other than maybe child support … Which is ridiculous.

This is a juvenile case. I will ask for court appointed counsel. But will it be to late? Given this is a hearing will they help me? Or am I screwed. I was never ordered to pay child support, while grandmother was alive. I just don't know enough on the subject, this is confusing to me, another reason I need to seek counsel.

 

[Aguerra01]

Do you know if Grandpa is still alive?

Generally, if the parents are divorced, the non-custodial parent assumes full custody.

It's also possible that grandma left assets to care for the child.

You write: "I received a letter from juvenile office saying I needed to go to court regarding my daughter." Does the letter say anything else? (Non-identifying information.)

What state do you live in?

It says court house and address. Case number and its a adjudication/disposition hearing. It has Juvenile officer name and phone number and other names and numbers. I don't have it in front of me at the sec... (I'm am unsure of grandpas status in this case.)