Parent incarcerated & Grandparents have the kids.

[Arkseven]

Just out of curiousity, how is mom being "forced" responsibility while she is incarcerated? Is she paying her portion of support?

YES, AS A MATTER OF FACT SHE IS.

She received a rather large sum (for her income level) back in her taxes and she is paying for pre-school daycare and a portion for groceries. Plus we are maintaining a list of other expenses such a the telephone cost of calling from jail that she will be required to reimburse us (her parents) for. As I stated, her Mom has POA and is maintaining ALL matters until she is released and tracking all in a ledger.

 

[ceara19]

Thank you for your reply, however the Grandkids Dad could not take custody without a court order from a judge. Besides he does not want the responsibility of two kids.

Whoa there. Dad can't take the children from their MOTHER without a court order. He CAN, however, take them from YOU. The papers your daughter signed before going to jail do NOT trump DAD'D parental rights. He has the RIGHT to show up at any time and pick up HIS children. He is under no obligation to allow YOU to even see the children. So, you might want to play nice with dad until your daughter gets out of jail.

Even though our daughter is in jail for DUI it still does not necessarily mean that a judge will find her an unfit parent.

As long as she is in jail, SHE is unable to have physical custody of the children. Regardless of where SHE wants the children to be, it is DAD's choice at this point. As I previously stated, dad has the right to take the children from you at any point. Dad can also easily obtain a court order changing custody because mom CAN'T care for them at this time, unfit or not. Everything else is irrelevant.

 

[Ohiogal]

Ceara this poster just wants to hear what she/he wants to hear. If you don't agree with OP then apparently you don't know what you are talking about.

 

[jbowman]

YES, AS A MATTER OF FACT SHE IS.

She received a rather large sum (for her income level) back in her taxes and she is paying for pre-school daycare and a portion for groceries. Plus we are maintaining a list of other expenses such a the telephone cost of calling from jail that she will be required to reimburse us (her parents) for. As I stated, her Mom has POA and is maintaining ALL matters until she is released and tracking all in a ledger.

Well that is great. Since you are allowing her to pay you back, maybe giving dad a little leeway wouldnt be such a hard pill to swallow. I mean, she is gone for 30 days, right? Meaning dad has only one month of CS to pay. He does not have to give it to you--only to mom, so maybe he will give it to mom when she gets out of the pokey.

I find it a bit hard to understand why you would be semi-jerks to dad when your daughter is -in my opinion-worse than dad. I know she is your daughter and you love her but you seem to want to go after dad. Dad is just going about life, the way he always has.... it is your daughter that put a wrench into everything. Get paid back by mom, if she honors your agreement, love your grandkids, meet dad halfway to see them and just ignore the rest. You are not the CS police regarding enforcement of dad's CS. If your daughter doesnt receive it for this 30 day period, have her take dad to court for contempt. She can then explain to the judge that she was in jail during the time he was supposed to pay support.

 

[ceara19]

Ceara this poster just wants to hear what she/he wants to hear. If you don't agree with OP then apparently you don't know what you are talking about.

I figured as much. It won't take long for the OP to come back wonder how they ended up facing criminal charges themselves over the matter.

 

[Arkseven]

Ceara this poster just wants to hear what she/he wants to hear. If you don't agree with OP then apparently you don't know what you are talking about.

If you refer back to my initial response, I thanked you for your input. However, I chose to select input from people with whoms input is displaying genuine care, concern and respect for their fellowman. I have found that advice from a mean spirit is not sound advice.
You selected your language in your response using jeers about our ("sainted") daughter and made a mocking reference to our Christian faith. Your response was unkind and unwelcomed.

 

[ceara19]

If you refer back to my initial response, I thanked you for your input. However, I chose to select input from people with whoms input is displaying genuine care, concern and respect for their fellowman. I have found that advice from a mean spirit is not sound advice.
You selected your language in your response using jeers about our ("sainted") daughter and made a mocking reference to our Christian faith. Your response was unkind and unwelcomed.

You might want to consider selecting the input from the ACTUAL ATTORNEYS instead of only those that agree with you. No one is "mocking" your beliefs. However, those beliefs are completely and totally irrelevant as far as the court is concerned. Even if the Judge WANTED to take it into consideration, he CAN'T. It would be unconstitutional. LEGALLY, you are skating on very thin ice. It would be wise of you to start cooperating with dad before he takes serious legal action against you for interfering with HIS parental rights. It makes no difference if he lives in a studio apartment or a palatial estate. YOU have absolutely no right at all, whatsoever, to keep HIS children from HIM.