Removed Children from parents...

[skyspirit]

What is the name of your state? This happened in North Carolina, but Ohio is state of residency.

Some people I know had their kids taken away. I think this is funky, but would like opinions...

He was in the Air Force, and they were living in military housing. Apparently, the home was filthy at the time (she was suffering major depression and he was working 12 hour shifts 6 days a week) and the little boy kept getting out of the house by himself, despite the parents putting locks on the doors to keep him in. A neighbor took the little boy off of their patio one morning and took him to the PD. The PD came back with CSB and military personnel and took the kids to foster care.

CSB told parents that they could not leave NC, and if they did, they'd be charged with abandonment. They both got jobs (after he got kicked out of the airforce) and lived in a motel. They finally sent the kids to the grandma in Ohio, and they were permitted to go back to Ohio.

North Carolina is claiming juristiction over the case, even tho they were Ohio residents all along. They paid Ohio taxes and voted in Ohio elections by absentee ballot. My question is, how can North Carolina keep juristiction of these children when they have NEVER been "residents" of NC, especially now that the kids and parents are back in Ohio? NC is refusing to transfer the case to their county in Ohio, and are keeping them hanging till the next court date (in North Carolina) in March of next year.

CSB in Ohio is saying that NC has violated their Civil rights, and have vowed to do everything they can to help with a lawsuit once the kids are returned. The parents have worked their caseplan and have done everything they were supposed to do. Now, NC is refusing to return them and refusing to transfer the case.


Any thoughts??
Thanks.

 

[rmet4nzkx]

Tricky
Yes, father has option of Ohio residence while in military, not sure about mom. Since they were in base housing, they were not even residing on NC jurisdiction while they were in the military. Were any of the children born in civilian hospitals in NC?
NC became involved when neighbor took child from patio and took off base to PD.
How long did they work and live in NC after discharge before moving to Ohio?
Have they filed any motions under UCCJEA?
Were are the children, how long?

 

[skyspirit]

Tricky
Yes, father has option of Ohio residence while in military, not sure about mom. Since they were in base housing, they were not even residing on NC jurisdiction while they were in the military. Were any of the children born in civilian hospitals in NC?
NC became involved when neighbor took child from patio and took off base to PD.
How long did they work and live in NC after discharge before moving to Ohio?
Have they filed any motions under UCCJEA?
Were are the children, how long?

I believe the youngest child was born in military hospital in NC.
The child was taken from his own patio...
NC told them that they had to stay in NC for 6 months which is when they lived in a motel. It was between 4 and 6 months...
Dont know what UCCJEA is...please explain!!
The children are now in Ohio w/grandma. They will have been here for 6 months in December.

Thanks for your help!!!!

 

[LdiJ]

I believe the youngest child was born in military hospital in NC.
The child was taken from his own patio...
NC told them that they had to stay in NC for 6 months which is when they lived in a motel. It was between 4 and 6 months...
Dont know what UCCJEA is...please explain!!
The children are now in Ohio w/grandma. They will have been here for 6 months in December.

Thanks for your help!!!!

Is grandma cooperating with NC? Is that part of the problem? The reason that I ask is with all parties living in Ohio, it would be difficult for NC to maintain any jurisdiction over them without Ohio's cooperation in the matter. If Ohio is saying that NC doesn't have jurisdiction, then it may not.

I think that the parents should consult an attorney in Ohio.

 

[rmet4nzkx]

I believe the youngest child was born in military hospital in NC.
This child would not be a NC resident as they were born on government property.
The child was taken from his own patio...
There are no fences and the child was unsupervised, possibly not the first time and shows what can happen. All the locks on doors don't help if you don't use them. The child could have been kidnapped as easily. The child became the ward of the state when brought to the NC PD.

NC told them that they had to stay in NC for 6 months which is when they lived in a motel. It was between 4 and 6 months...
If they stayed 6 months then they became NC residents and/or accepted jurisdiction.

Dont know what UCCJEA is...please explain!!
Tooooooooo long. Type that in and read away......

The children are now in Ohio w/grandma. They will have been here for 6 months in December. When the children have been in Ohio 6 months, they will become Ohio residents and parents can petition the courts to restore custody in new jurisdiction, the can start this process sooner but will need an attorney.

Thanks for your help!!!!

Will grandparents allow them access to their children? Do they understand the implications of everything that happened and why it happened, or is that just your curiosity?

 

[LdiJ]

Will grandparents allow them access to their children? Do they understand the implications of everything that happened and why it happened, or is that just your curiosity?

Was that question directed as skyspirit or me?

 

[rmet4nzkx]

Was that question directed as skyspirit or me?

I was responding at the same time as you.
I didn't even know you had also responded until just now.
I was clearly quoting and responding to Skyspirit, not you.
I asked my question because OP seemed to be confused about some of the facts or their implicaitons, eg, transfer of jurisdicition from NC to OH, which could be December when the children have been in OH 6 months.
Were parent's civil right violated, possibly, however ther children's civil rights superceed the parents according to public policy.
Not enough facts to determin if fair or nice.

 

[LdiJ]

I was responding at the same time as you.
I didn't even know you had also responded until just now.
I was clearly quoting and responding to Skyspirit, not you.
I asked my question because OP seemed to be confused about some of the facts or their implicaitons, eg, transfer of jurisdicition from NC to OH, which could be December when the children have been in OH 6 months.
Were parent's civil right violated, possibly, however ther children's civil rights superceed the parents according to public policy.
Not enough facts to determin if fair or nice.

It was the "curiosity" phrase that confused me. It made me think that you could have possibly been directing that question at me. That's why I asked.

 

[skyspirit]

Is grandma cooperating with NC? Is that part of the problem? The reason that I ask is with all parties living in Ohio, it would be difficult for NC to maintain any jurisdiction over them without Ohio's cooperation in the matter. If Ohio is saying that NC doesn't have jurisdiction, then it may not.

I think that the parents should consult an attorney in Ohio.

That's the problem..no one is cooperating with NC. They maintain juristiction even tho Ohio says NC doesn't have it. Ohio CSB just now got involved. They just got appointed a caseworker and she says NC is stepping all over their civil rights.

Both sets of grandparents live in Ohio. That's the thing---everyone is in Ohio now, yet NC refuses to transfer the case.

 

[skyspirit]

I was responding at the same time as you.
I didn't even know you had also responded until just now.
I was clearly quoting and responding to Skyspirit, not you.
I asked my question because OP seemed to be confused about some of the facts or their implicaitons, eg, transfer of jurisdicition from NC to OH, which could be December when the children have been in OH 6 months.
Were parent's civil right violated, possibly, however ther children's civil rights superceed the parents according to public policy.
Not enough facts to determin if fair or nice.

NC is refusing to transfer the case until (at the earliest) March--even tho after 6 months in Ohio (December) they are considered residents of Ohio regardless of their residency status in NC.

They always lived on base until CSB in NC told them if they left NC, they would be charged with abandonment. When they live on base, they are not considered residents of that state--they keep their home residency, don't they?? I can't understand how they forced these kids and the parents to stay in NC when none of them were actually NC residents. I also cannot understand why NC will not transfer the case in December...

Just trying to understand. Thanks for your replies. This is helping!!!

 

[rmet4nzkx]

It was the "curiosity" phrase that confused me. It made me think that you could have possibly been directing that question at me. That's why I asked.

OP's first statement

Some people I know had their kids taken away. I think this is funky, but would like opinions...

sets the tone of the question and establishes the fact that they are claiming not to be party to this case, thus, curiousity.

 

[skyspirit]

Will grandparents allow them access to their children? Do they understand the implications of everything that happened and why it happened, or is that just your curiosity?

Grandparents let the parents see the children all the time. The parents really do understand what happened, and have done all they can to correct the problems. Mom is in therapy for depression and is also medicated now. Both have gone to parenting classes. They both admit fault (which is good that they see it) and are willing to make necessary changes.

They (the parents) cannot understand why NC refuses to give the children back and/or transfer the case to Ohio.

Since the children were taken, the boy was diagnosed as autisic. The parents have taken more parenting classes to deal with his condition.

Personally, I feel like NC has way over-stepped their boundaries.

 

[rmet4nzkx]

NC is refusing to transfer the case until (at the earliest) March--even tho after 6 months in Ohio (December) they are considered residents of Ohio regardless of their residency status in NC.

They always lived on base until CSB in NC told them if they left NC, they would be charged with abandonment. When they live on base, they are not considered residents of that state--they keep their home residency, don't they?? I can't understand how they forced these kids and the parents to stay in NC when none of them were actually NC residents. I also cannot understand why NC will not transfer the case in December...

Just trying to understand. Thanks for your replies. This is helping!!!

When a child is endangered, then there are exceptions that go into effect. There is a process, a complex process envoked when jurisdicitonal issues are raised in child endangerment cases, remember you are not party to this confidential process and thus your preception is based on what your are informed after the fact. It is up to this family and their attorney's or advocate to comply with the process. Things are not always what they seem. Just be a friend and supportive of them as they continue on this journey, support that doesn't end when custody is restored.

 

[skyspirit]

OP's first statement sets the tone of the question and establishes the fact that they are claiming not to be party to this case, thus, curiousity.

I am long-time friends with the children's paternal grandmother.

That's why I'm asking--more for her--but I wanted to know too.

Thanks for your responses!!!

 

[rmet4nzkx]

Grandparents let the parents see the children all the time. The parents really do understand what happened, and have done all they can to correct the problems. Mom is in therapy for depression and is also medicated now. Both have gone to parenting classes. They both admit fault (which is good that they see it) and are willing to make necessary changes.

They (the parents) cannot understand why NC refuses to give the children back and/or transfer the case to Ohio.

Since the children were taken, the boy was diagnosed as autisic. The parents have taken more parenting classes to deal with his condition.

Personally, I feel like NC has way over-stepped their boundaries.

The fact that this is a special needs child opens up another can of worms, why didn't you provide this information in the begining?