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Legal Custody to Permanent Custody

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skyspirit

Member
What is the name of your state? Ohio

I have 2 boys, 6 & 8 who are 2nd cousins by marriage. Their grandparents begged me to take them over 2 years ago. They had been in foster care prior to my home. They were neglected and dependant children. They have an older sister (who lives with uncle) and younger brother (who lives with aunt). The biological parents are drug abusers and could care less about the kids.

The other relatives and I were given "full discretion as to where, when, how and even IF visits were to take place". There was an order for mother to have supervised visits at her parent's home. Those didn't work out. Father was given supervised visits at a paid professional center. He has never set it up, and hasn't seen the kids in almost 2 years.

Mother took us to court for unsupervised visits. Magistrate ordered paid professional supervised visits pending the outcome of the case. There were 5 visits scheduled before we went back to court. She missed 2 visits (never bothered to call and cancel), was late for the other 3 visits, and on one visit, showed up extremely high on drugs. The supervisor of the visits noticed and put it in her notes for the court. The center cancelled any remaining visits because of her apparent drug use, showing up late, not showing up at all, and she had not made payments for the visits.

We went back to court. Mother never showed up. Father joined the case at some point; he didn't show up either. The magistrate dismissed the case for "failure to prosecute" and said that we revert back to "our discretion".

The kids really have no desire to see mother or father. They call them by their first names. They want us to adopt them and they want our last names. We all feel this is proper because of the lack of interest of the parents. Also, these children are trying to move on with their lives. This would be in their best interests. Both parents are still on drugs---among other issues. Both have yet to comply with the guidelines set by Children's Services. They are nearly 3 years non-compliant with the case plan.

How do we go about getting Permanent Custody? After that is achieved, how, then, do we adopt? We all feel that this would be the best time to petition the court.

Thanks!!
 


nextwife

Senior Member
The parents have had more than enough time to get clean and make some attempt to begin being parents. These kids have a right to some permanance and real parents who will take real care of their welfare.

Have you talked to CPS or an attorney abouttheir terminating parental rights and you adopting?
 

skyspirit

Member
Unfortunately, I cannot afford an attorney at this time. I have 2 daughters who are teens--19 and 15, I have the 2 boys (in question) who are 6 & 8, and I have a 5 month old baby. I have had to stay at home to care for the kids and haven't been able to seek employment yet. If I do obtain an attorney, it will have to be a court-appointed attorney or someone doing pro bono work.

I have discussed the possibility of permanent custody and then adoption with the CPS case workers and also with the original Guardian at Litem. Both are very much in support of this idea. Since we were awarded legal custody, however, the case has been "closed" and CPS no longer has dealings with the case. The GAL said that he would support a Permanent Custody Motion either in writing or in person.

Don't know where to go from here...

Thanks!
 

lashun

Junior Member
hi

i went throught the same problem almost 2 years ago with my sisters kids my sister only raised her oldest daughter until she was 10 years old after that my niece went from home to home staying with different people along with her baby sister who i think is a crack baby my mom got temp custody of the kids but my mom couldn't handle the oldest she sent here back to her mom my sister was having another baby at the time and was staying with a friend who was selling drugs from the house the house was raided and since child protection was involved my oldest niece went to saint jose and my mom got her out and on febuary 16 her birthday there was a order to take my sisters kids into custody even her 4 year old was taking from my mom because she was my sister kid. Know my sister is haveing another baby child protection is involved again because weed was in her system she said they told her she can keep the baby? because she's been clean for 7months she's been clean because she just got out of prison in september and she now's know if she uses she's can't keep her baby. i don't think she should keep that baby anyways because she didn't finish her case plan from last time because she started using drugs again she said its because of my moms death but she was using before my mom past away and the court gave me permnant legal custody of her 2 youngest kids 2 years ago. just stay strong and god will help you out your going to get permanant custody
 

mommyof4

Senior Member
...and that response, the longest run-on rambling attempt at a sentence ever, was helpful to the poster, how? :confused:
 

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