Children's rights

[VSPeck1]

What is the name of your state (only U.S. law)? Indiana.

Two years ago my daughter died and left two minor children. In the year prior to her death, her children had been removed from her and her husband's custody and placed in my home by CPS but less than 6 months before her death, they were returned to the parents. One of my grandsons, now 16, has never gotten along with his father. My son-in-law has been verbally abusive to him for years and they have fought and argued a lot. On occasion it has become violent. Several times since my daughter's death I have been asked by my grandson and son-in-law to intervene and allow my grandson to come and stay with me while "things cool off." The most recent occasion was in Sept and now my grandson has now been staying with me for two months. He does not want to return to his father's house to live. He said all they do is fight and he said he has given his dad all his chances for treating him decently. His father has moved into a very small 2 BR house with the younger son and is now making noises about having the 16 year old move back in with him. My grandson wants to know whether he has any legal recourse should his father wish him to return back into his home. His father makes very little effort to contact his son and does not provide for his support except in a very marginal way (20 @ week).What is the name of your state (only U.S. law)? My husband and I have borne all other costs.

 

[mistoffolees]

Sorry, but when Mom died, Dad is the sole remaining parent and has the authority to make decisions for any minor children. If he wants his son to come live with him, the son has to (unless Dad has been found to be unfit by the courts).

So everyone needs to play nice with Dad since he can order the son to come home.

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana.

Two years ago my daughter died and left two minor children. In the year prior to her death, her children had been removed from her and her husband's custody and placed in my home by CPS but less than 6 months before her death, they were returned to the parents. One of my grandsons, now 16, has never gotten along with his father. My son-in-law has been verbally abusive to him for years and they have fought and argued a lot. On occasion it has become violent. Several times since my daughter's death I have been asked by my grandson and son-in-law to intervene and allow my grandson to come and stay with me while "things cool off." The most recent occasion was in Sept and now my grandson has now been staying with me for two months. He does not want to return to his father's house to live. He said all they do is fight and he said he has given his dad all his chances for treating him decently. His father has moved into a very small 2 BR house with the younger son and is now making noises about having the 16 year old move back in with him. My grandson wants to know whether he has any legal recourse should his father wish him to return back into his home. His father makes very little effort to contact his son and does not provide for his support except in a very marginal way (20 @ week).What is the name of your state (only U.S. law)? My husband and I have borne all other costs.

Dad has custody. Dad has every right to insist that he child move back into his home. The child only gets to remain with you if dad agrees.

 

[VSPeck1]

Sorry, but when Mom died, Dad is the sole remaining parent and has the authority to make decisions for any minor children. If he wants his son to come live with him, the son has to (unless Dad has been found to be unfit by the courts).

So everyone needs to play nice with Dad since he can order the son to come home.

since Dad was previously found unfit by the courts and there have been problems since then, is there any precedent for the grandparent having anything more than "grandparent" rights? Must the dad be physically abusive to be found unfit?

 

[BL]

since Dad was previously found unfit by the courts and there have been problems since then, is there any precedent for the grandparent having anything more than "grandparent" rights? Must the dad be physically abusive to be found unfit?

Many families are dysfunctional .They argue ,don't get along ,etc .

That doesn't define unfit by the court .

If the child returns home and is physically abused the Law should be called then and there .

When CPS was involved were the parents put on some kind of plan ?

At any rate at some point it was decided the children should return to their parents.

 

[LdiJ]

since Dad was previously found unfit by the courts and there have been problems since then, is there any precedent for the grandparent having anything more than "grandparent" rights? Must the dad be physically abusive to be found unfit?

Dad was considered to be unfit at one point in time. When CPS returned the children to them he unfitness was considered to be gone.

Parents have the constitutional right to the care and control of their children. Therefore, unless they can be found unfit, a third party cannot take custody away from them.

Now, if the child had lived with you for several years, and THEN dad decided he wanted the child back, you might have had a shot at it, but now, you do not unless you can convince dad to agree.

 

[Proserpina]

since Dad was previously found unfit by the courts and there have been problems since then, is there any precedent for the grandparent having anything more than "grandparent" rights? Must the dad be physically abusive to be found unfit?

Grandparents don't have any inherent rights to their grandchildren.

That aside though Dad's previous issues were evidently solved - the children were returned to his and Mom's care.

So, in essence, to prove him unfit it starts from scratch.

 

[VSPeck1]

Many families are dysfunctional .They argue ,don't get along ,etc .

That doesn't define unfit by the court .

If the child returns home and is physically abused the Law should be called then and there .

When CPS was involved were the parents put on some kind of plan ?

At any rate at some point it was decided the children should return to their parents.

They were put on a plan and passed the "test" by faking drug test results. What initially got them into CPS was the fact the kids were missing too much school. What is what has got this grandson worried. He swims and has early practice (5:30) and swims after school until 5:45. Dad has failed to make sure he gets there and has on more than one occasion failed to make sure he gets picked up. I have been called on numerous occasions because dad gets tired of waiting and drives off. The boy is an honor student and very talented. Last March the oldest son (now 22) overdosed on Dad's "medicine" and the 12 year old found him. He lived but it was touch and go. The 16 year old simply wants order and predictability in his life and is worried that if he goes back with Dad it will be chaos again. But I take it he has no options?

 

[Proserpina]

They were put on a plan and passed the "test" by faking drug test results. What initially got them into CPS was the fact the kids were missing too much school. What is what has got this grandson worried. He swims and has early practice (5:30) and swims after school until 5:45. Dad has failed to make sure he gets there and has on more than one occasion failed to make sure he gets picked up. I have been called on numerous occasions because dad gets tired of waiting and drives off. The boy is an honor student and very talented. Last March the oldest son (now 22) overdosed on Dad's "medicine" and the 12 year old found him. He lived but it was touch and go. The 16 year old simply wants order and predictability in his life and is worried that if he goes back with Dad it will be chaos again. But I take it he has no options?

No matter - CPS returned the kids to their care. That's the important part.

At 16 he cannot choose where he wants to live between his parent and his grandparent.

 

[BL]

They were put on a plan and passed the "test" by faking drug test results. What initially got them into CPS was the fact the kids were missing too much school. What is what has got this grandson worried. He swims and has early practice (5:30) and swims after school until 5:45. Dad has failed to make sure he gets there and has on more than one occasion failed to make sure he gets picked up. I have been called on numerous occasions because dad gets tired of waiting and drives off. The boy is an honor student and very talented. Last March the oldest son (now 22) overdosed on Dad's "medicine" and the 12 year old found him. He lived but it was touch and go. The 16 year old simply wants order and predictability in his life and is worried that if he goes back with Dad it will be chaos again. But I take it he has no options?

I can't see none , not even temp. legal guardianship,unless the father agrees to it .

He has been deemed fit by the court.

Pressing the issue might trigger Dad to insist his child come home and distance your relationships further .

As was said the parent(s) have a constitutional right to raise their children unless a court orders otherwise.

 

[LdiJ]

They were put on a plan and passed the "test" by faking drug test results. What initially got them into CPS was the fact the kids were missing too much school. What is what has got this grandson worried. He swims and has early practice (5:30) and swims after school until 5:45. Dad has failed to make sure he gets there and has on more than one occasion failed to make sure he gets picked up. I have been called on numerous occasions because dad gets tired of waiting and drives off. The boy is an honor student and very talented. Last March the oldest son (now 22) overdosed on Dad's "medicine" and the 12 year old found him. He lived but it was touch and go. The 16 year old simply wants order and predictability in his life and is worried that if he goes back with Dad it will be chaos again. But I take it he has no options?

Again, not unless dad agrees.

You could however help your grandson out with making sure he has the transportation that he needs.