Countrygal
Junior Member
What is the name of your state (onlWhat is the name of your state (only U.S. law)? WI
I have been on here before with questions about this issue, and I am back, hoping for further information - it has been two years since I was last here.
I have permanent guardianship of my almost 3 yo grandson. He has lived with me, first under temporary guardianship, then permanent since he was about 6 months old with the exception of about 6 weeks when he returned to his parents and ended up coming right back at about 7 months old.
I received the permanent guardianship (full powers) in Feb of 2008 under statute 48.023 No limitations are listed.
The judge did stipulate that reasonable visitations would be allowed according to my prudence.
Since the permanent guardianship has been established and the CHIPS petition was dropped (at the same hearing), this is the contact my grandson has had with his parents:
At their initiative since the hearing on Feb 29, 2008:
Father - approximately two, maybe three phone calls. I have them documented. No visits.
Mother - calls approx. every 3 weeks, says she is going to visit, almost never does. Has visited twice for about 2 hours, spends about 15 - 20 minutes of the time with my grandson, the rest of the time is spent with me or my daughter (19 yo).
Neither have sent Christmas or birthday presents or cards for two years. Neither are up-to-date and current on child support. Father does better than mother, who has gone to jail several times for not paying.
I do not receive any child support, only Kinship care.
Visitation at initiative of paternal grandfather: He takes my grandson to where the mother and father live (separately, they are divorced), and has a visitation with them. He rents a motel room, pays for my sons meals and the room, and invites mother to visit while there - usually a weekend. This has occurred about every 3 - 4 weeks throughout the summer of '08. There has been no personal contact with either parent since autumn. Mother does continue to occasionally call and say she is coming and doesn't.
Maternal grandparents live out of state, have repeatedly threatened to take away my grandson, and I do not allow them to take him out of state. They have declared that they hate me for this and have not contacted the grandson since July of last year. I have offered to meet half way, have them down for an over-nighter, meet at the daughters, etc, but they have refused all. There have been two visits with these grandparents, one here where they took him for an afternoon and one where they took him to the mother's for overnight. The grandson came back talking of "going to live with grandma and grandpa" and "having his own room" and "having dogs", etc, etc. (this from a 2 yo)I would not allow them to take him across state lines and they have not asked for him since.
I did contact the kinship care office and my grandson's ex-social worker (it is out of my county) to ask about moving out of state. I was told that I couldn't without the parents permission. This is directly the opposite of what I was told before the guardianship hearing. I was told once I had full guardianship I could move wherever I needed to.
I have now been unemployed for 5 months. My unemployment is about to run out. I have a very good resume, but am an older displaced employee and it is hard to find employment for anyone right now. I have put out in excess of 200 applications. My youngest daughter leaves in the fall for school in VA, my oldest daughter and her husband (my grandson's godparents and his namesake), live in CA. The only family left here is my grandson's grandfather. I am seriously thinking it is time to consider moving, either to TN or VA, closer to my youngest daughter and where I have always wanted to live, or to CA to be near my oldest daughter, in search of a better, more affordable living arrangement.
I am still not positive it is what I want to do, but I need the flexibility to do it if I am forced to. I have been told by a lawyer that it will cost 4500 or more to bring this all to court and get it legally straightened out. I do not, obviously have that kind of money. My income, however, IS above the 1400 allowed in this state for pro bono.
What I am asking is this:
1) Do I have the legal right to move out of state?
2) What happens if I do move?
3) Is there any way to go the legal route at a more affordable price? Is there some way I can pursue it on my own? Do I need to?
4) Am I better off just moving and getting settled and then, if anyone makes a "stink", dealing with it at that time?
As I said, I am not settled on anything yet, but I believe in being prepared and having my plans laid out.
Any advice/help anyone can give will be greatly appreciated. I was led to understand by my attorney that this statute, 48.023 is not the usual one, and that it has no supporting case law and is very open to interpretation. It is also a newer law.
Thank you again!
Countrygal and grandson
y U.S. law)?What is the name of your state (only U.S. law)? WI
I have been on here before with questions about this issue, and I am back, hoping for further information - it has been two years since I was last here.
I have permanent guardianship of my almost 3 yo grandson. He has lived with me, first under temporary guardianship, then permanent since he was about 6 months old with the exception of about 6 weeks when he returned to his parents and ended up coming right back at about 7 months old.
I received the permanent guardianship (full powers) in Feb of 2008 under statute 48.023 No limitations are listed.
The judge did stipulate that reasonable visitations would be allowed according to my prudence.
Since the permanent guardianship has been established and the CHIPS petition was dropped (at the same hearing), this is the contact my grandson has had with his parents:
At their initiative since the hearing on Feb 29, 2008:
Father - approximately two, maybe three phone calls. I have them documented. No visits.
Mother - calls approx. every 3 weeks, says she is going to visit, almost never does. Has visited twice for about 2 hours, spends about 15 - 20 minutes of the time with my grandson, the rest of the time is spent with me or my daughter (19 yo).
Neither have sent Christmas or birthday presents or cards for two years. Neither are up-to-date and current on child support. Father does better than mother, who has gone to jail several times for not paying.
I do not receive any child support, only Kinship care.
Visitation at initiative of paternal grandfather: He takes my grandson to where the mother and father live (separately, they are divorced), and has a visitation with them. He rents a motel room, pays for my sons meals and the room, and invites mother to visit while there - usually a weekend. This has occurred about every 3 - 4 weeks throughout the summer of '08. There has been no personal contact with either parent since autumn. Mother does continue to occasionally call and say she is coming and doesn't.
Maternal grandparents live out of state, have repeatedly threatened to take away my grandson, and I do not allow them to take him out of state. They have declared that they hate me for this and have not contacted the grandson since July of last year. I have offered to meet half way, have them down for an over-nighter, meet at the daughters, etc, but they have refused all. There have been two visits with these grandparents, one here where they took him for an afternoon and one where they took him to the mother's for overnight. The grandson came back talking of "going to live with grandma and grandpa" and "having his own room" and "having dogs", etc, etc. (this from a 2 yo)I would not allow them to take him across state lines and they have not asked for him since.
I did contact the kinship care office and my grandson's ex-social worker (it is out of my county) to ask about moving out of state. I was told that I couldn't without the parents permission. This is directly the opposite of what I was told before the guardianship hearing. I was told once I had full guardianship I could move wherever I needed to.
I have now been unemployed for 5 months. My unemployment is about to run out. I have a very good resume, but am an older displaced employee and it is hard to find employment for anyone right now. I have put out in excess of 200 applications. My youngest daughter leaves in the fall for school in VA, my oldest daughter and her husband (my grandson's godparents and his namesake), live in CA. The only family left here is my grandson's grandfather. I am seriously thinking it is time to consider moving, either to TN or VA, closer to my youngest daughter and where I have always wanted to live, or to CA to be near my oldest daughter, in search of a better, more affordable living arrangement.
I am still not positive it is what I want to do, but I need the flexibility to do it if I am forced to. I have been told by a lawyer that it will cost 4500 or more to bring this all to court and get it legally straightened out. I do not, obviously have that kind of money. My income, however, IS above the 1400 allowed in this state for pro bono.
What I am asking is this:
1) Do I have the legal right to move out of state?
2) What happens if I do move?
3) Is there any way to go the legal route at a more affordable price? Is there some way I can pursue it on my own? Do I need to?
4) Am I better off just moving and getting settled and then, if anyone makes a "stink", dealing with it at that time?
As I said, I am not settled on anything yet, but I believe in being prepared and having my plans laid out.
Any advice/help anyone can give will be greatly appreciated. I was led to understand by my attorney that this statute, 48.023 is not the usual one, and that it has no supporting case law and is very open to interpretation. It is also a newer law.
Thank you again!
Countrygal and grandson
y U.S. law)?What is the name of your state (only U.S. law)? WI
