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I am lost

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What is the name of your state? South Carolina. I have a daughter who is 27. She has gave my nothing but heart ache for years. She is always pregnant and the baby dies as she tells me. The last one she told me was taken by DSS. She said by a false report on her. I know she is on drugs. The baby was supposedly taken in june of 2017 but she never could prove to me that she even had one. I have not saw her since demanding proof in July of 2017. I filed a missing persons report on her. She was found but according to the law, she is 27 and can be missing if she wants. Obviously, that was her wishes. I have been to DSS and they said they wasnt allowed to tell me even if there is or isnt a baby or a case. How do I find out? I cant step in and make sure its well loved and taken care of if I cant even find out if its true. Do I not have any rights as a grand parent? I fear others she has told me didn't make it may have actually been lost due to her not caring about any thing except her drug use. Where can I even start? Why in the world would DSS not let a grandparent who is very loving, accepting and very able to care for the child or children even have a chance to do so?
 


CTU

Meddlesome Priestess
As a grandparent, you have absolutely no inherent rights concerning your grandchild.

To answer your last question, parental rights will always trump those of a third party except in comparatively unusual circumstances, and you don't get to decide whether or not those circumstances exist.
 

PayrollHRGuy

Senior Member
While I agree with CTU since the parent has lost custody, at least temporarily, you may be able to file for emergency custody against DSS. You will need a lawyer to help you with this.
 
As a grandparent, you have absolutely no inherent rights concerning your grandchild.

To answer your last question, parental rights will always trump those of a third party except in comparatively unusual circumstances, and you don't get to decide whether or not those circumstances exist.
That is so unfair to the grandparent and to the child. Does this mean the child can just be tossed around in the "foster care" or what ever system for the most of its life because her mom has issues?
 
So, Im gathering that I need to just get a lawyer, sue DSS for all the info while hopeing there is an actual child and then go from there? Or say really hoping there isn't one so it would not have ever been in this mess.
 

Zigner

Senior Member, Non-Attorney
So, Im gathering that I need to just get a lawyer, sue DSS for all the info while hopeing there is an actual child and then go from there? Or say really hoping there isn't one so it would not have ever been in this mess.
It sounds as if you don't want to deal with this. Perhaps it's best to let a loving foster and/or adoptive family take this child.
 

Zigner

Senior Member, Non-Attorney
So, Im gathering that I need to just get a lawyer, sue DSS for all the info while hopeing there is an actual child and then go from there? Or say really hoping there isn't one so it would not have ever been in this mess.
I've thought about this post a bit more. I don't believe you have any standing to sue DSS in the first place.
 

CTU

Meddlesome Priestess
That is so unfair to the grandparent and to the child. Does this mean the child can just be tossed around in the "foster care" or what ever system for the most of its life because her mom has issues?
Try to see it from the other side. If your mother, for example, decided that she was more able to raise your children than you were, would you really be okay with her marching into court and demanding custody based upon "I can raise them better!"?
 

CTU

Meddlesome Priestess
I've thought about this post a bit more. I don't believe you have any standing to sue DSS in the first place.
I agree. I do not believe this OP has any legal recourse at this time. I'd like to state too, that her daughter has every right to keep her children away from her relatives if that's what she feels is best.
 

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