non-custodial parents rights

[Nuel96]

What is the name of your state? Massachusetts.
Ok. This is my problem. I am the non-custodial parent. My ex's parents have temporary legal custody of the kids. They were granted it because she has in the past, repeatedly abandoned the kids at there house. She never comes to visit them and she only calls about once a month to check up on them. Now she has moved out of state and is saying that when the temp. order expires, she's taking them with her. Can she do this without my permission? She also has a domestic violence case involving her boyfriend and herself with the Dept. of Social Services. She has pretty much been a "dead beat" mom. I want my kids to stay with their grandparents because I know that they are well taken care of there. As for me, I'd fight for custody. But, my current living situation needs to improve before I can do that. What are my rights in this situation?

 

[Zephyr]

IMHO, I think the mom has a very hard row to hoe on this one, the grandparents will almost certainly fight her on this, and temp orders just don't "run out" and everything goes back to normal (beleive me I know), there will be at least one more court date to address this, mom is going to have to show why it is in the children's best interest to uproot them, and she will probably have to explain her lack of involvement. are you in touch with the kids and grandparents? when that court date comes it may be in the kids best interest for you to be there to give your opinion that the kids should remain with gp's.

she would also have to notify you and the court of her intent to move, at which time you could petition that the children not be removed from the state.

 

[Nuel96]

The children have been in the grandparents custody since before Thanksgiving of last year. After Thanksgiving, she was thinking about going back to her abusive boyfriend. Her parents gave her a choice. Her boyfriend or her kids? She left with the boyfriend. The family is not allowed to contact her upon her request. Only she is allowed to contact us. She has not provided an address nor a phone # that we'd be able to get a hold of her. Now she needs to sign some court form regarding an extension for the temp. order. Now my question comes. What happens if no one can find her and she doesn't sign the form? What happens to the order currently in effect? You asked if I am involved with the kids and grandparents? Very.

 

[GaAtty]

GAAtty

She cannot "take them with her when the temporary order expires." There needs to be a new court hearing to determine custody at that time. If you are smart, you will be ready to argue for custody for you, and I think you need to work on that. I understand having the kids live with the grandparents, but that is certainly not the best argument for you getting custody. I can see the grandparents helping, but can't see you just turning them over. If you won't take full responsibility of them now, forwhatever reason, why will a judge give it to you then? Instead of grandparents raising the kids and you helping, it needs to be you raising the kids and grandparents helping. Otherwise, what can you show the judge, that you can go visit them quite well? That you can help grandmom out with your job? You have not done a whole lot better than the mom; a little bit, but not a lot. I cannot figure out what is so important in your life that it takes precedence over your kids, and the judge will be asking the same questions. These kids need at least one parent who is committed to them, and they do not have that.

 

[Nuel96]

Anything the kids need, I'm there for. I try to be as much involved in their lives as possible. The divorce left me with all the bills. And, I have to pay child support on top of that. I had to get a second job to pay these bills and I still can't make ends meet to the point where I could provide a roof over there heads. That is why(for now anyways), they are better off with the grandparents.