Grandsons rights

[Worn Out Mama]

What is the name of your state? AR
I live in Arkansas, but my 2 grandsons (16 and 10) live in Tennessee. Their mother is on drugs and her live-in boyfriend is an alchoholic. They rent a fairly nice house, but they haven't had a telephone or hot water for several months. With winter coming, I'm afraid they won't have heat. The school has no way of contacting my daughter in case the boys get sick.

The boys stay in their bedrooms when they are home to avoid the fighting and have no friends. By some miracle, their school grades are good and the 10 year old says he gets home sick when he spends weekends with us. The 16 year old is miserable and would love to live with us.

We have a nice home but we are just middle income and trying desperately to save for retirement so we don't have much money for attorneys. We want to provide a nice, normal life for our grandsons. What are our options? and What chance to we have of getting at least temporary custody until our daughter cleans up her act? I know she will fight us on this.

The dad gave up his parental rights last year. He has not had contact with the boys for almost 2 years. He has remarried and his current wife wants nothing to do with the boys.

 

[BelizeBreeze]

Your options are to contact the father and have him file for custody.

 

[Zephyr]

where is the dad?

 

[stealth2]

or dadS, as the case may be.

 

[Worn Out Mama]

The dad gave up his parental rights last year. He has not had contact with the boys for almost 2 years. Also, he has remarried and his current wife does not want the boys.

 

[BelizeBreeze]

The dad gave up his parental rights last year. He has not had contact with the boys for almost 2 years. Also, he has remarried and his current wife does not want the boys.

and of course this was done through the courts with a termination of parental rights hearing correct?

 

[poeypooh]

If all of your allegations are true then you may want to consider contacting CPS. If you filed for custody right now you would have a very long hard battle. If you get CPS involved, if it is warranted, they will do the investigating that the courts would order anyway. Hopefully, if CPS does get involved, mom will hear her wake up call and change her ways before the children have to be removed. At this point you would have a very hard time convincing a judge that the best interest of the children would be to tear them away from mom and move them to another state.

 

[Worn Out Mama]

Yes. My daughter has papers that says he has given up his parental rights. He did it to get out of paying child support. I know that shouldn't make any difference. However, my daughter wanted to move out of state with the boys and he agreed to sign the papers if she wouldn't go after him for child support. Talk about a dead beat dad!

 

[CJane]

Yes. My daughter has papers that says he has given up his parental rights. He did it to get out of paying child support. I know that shouldn't make any difference. However, my daughter wanted to move out of state with the boys and he agreed to sign the papers if she wouldn't go after him for child support. Talk about a dead beat dad!

What are these 'papers'. Are they valid court documents, or are they simply a notarized agreement between the two of them? I'm finding it hard to believe that any state just allowed dad to terminate his parental rights so that mom could leave the state and dad wouldn't have to pay child support - just doesn't happen.

Basically, as grandparents, you have no rights to the kids. You could try to get mom to sign over guardianship so that the boys could live with you, but she certainly doesn't have to. You could get CPS involved, but that might result in the boys being put into foster care which is almost never a solution.

 

[poeypooh]

Wont CPS contact other family members and try to place them with them before putting them into foster care? I believe if it comes down to the children getting removed they ask the bio parents if they have family that the children could be placed with first, correct?

 

[BelizeBreeze]

Wont CPS contact other family members and try to place them with them before putting them into foster care? I believe if it comes down to the children getting removed they ask the bio parents if they have family that the children could be placed with first, correct?

Wait for the answer to CJane's question before posting one more word. Why do you think I asked the question in the first place?

 

[Worn Out Mama]

In answer to CJane's question. Yes. The papers are a notarized agreement between the mom and dad. The mom said "someone" at the courthouse told her the papers were legal and that she could move out of state.

 

[CJane]

In answer to CJane's question. Yes. The papers are a notarized agreement between the mom and dad. The mom said "someone" at the courthouse told her the papers were legal and that she could move out of state.

They were legal as far as the move, I'm sure. As far as showing voluntary termination of his parental rights... not even close. He's dad and has every right to the kids if mom doesn't want them.

What was their original custody/visitation agreement (if any)?