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Regaining custody from grandparent. please help

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stephaniesm2010

Junior Member
What is the name of your state (only U.S. law)? NC

I gave birth to my oldest son, Michael, when I was 17 years old. I lived with my father until I was 18. I spent the majority of my childhood in DSS custody because my mother left and my father was very physically abusive. When I was 18, my father abused me so bad I almost lost my eye. when i got the opportunity i clammered out from under him, grabbed my one year old son, and left. At that point I was homeless and I had nothing.

After about a month of being homeless, I could not afford child care, nor did I trust any of the people around me enough to watch my son while I looked for work. I tried different shelters but none of them offered childcare and were not in areas that offered public transportation. I had no outlet to get on my feet or better my life for my son and he needed a roof over his head whether i could provide it or not. I signed kinship custody over to a couple i knew that fosters children. They couldn't keep him anymore, so I signed kinship custody to a woman that I knew well. Upon visiting him, i found bruising on him and immediately took him away from the situation. I was still homeless and i could not provide for him so at this point i signed kinship custody to my mother, who was my very last resort. It was always the plan that I would get him back when I was stable.

I agreed to take classes to work towards getting him back to me, even though i had no idea how i would provide for him. it became apparent that without transportation or a place to sleep I would not be able to continue these classes. At this point I hitch hiked back and forth between 5 different counties for a place to lay my head with friends occasionally. Besides that, I slept outside or in laundromats or where ever i could really. DSS was getting pretty angry with me for missing classes and not completing classes, so i signed full custody to my mother to avoid the state taking custody. After court, they drug tested me and I failed for marijuana and clonopins. I actually had a prescription to clonopin but because my medicaid had lapsed the month before my prescription wasnt current and i was accused of abusing my medication. I was granted 1 hour a week supervised visitation. DSS was not very thrilled with me and tried to present a list of things that I had supposedly done wrong. It was my idea to sign over custody and they had no validation or proof of any of their accusations. The only thing that remained on the list after i told my lawyer they had no evidence was that i was homeless.

Once this happened, I moved to the closest large city with public transportation and refused to bounce around anymore. I worked as a telemarketer for an insurance company but I only made $187 a week. I looked for another job and tried to push for more hours with the company to no avail. I went to parenting classes and drug classes but I did not finish the drug classes. Still at this point I was homeless and every penny i made went to food or to my mom for my son. I didn't bother to have the visitation order changed because at this time I would spend every weekend with them, but only if i could give her money.

In January of this year i moved in with my boyfriend. i had transportaion, a roof over my head and things were starting to look up. i got a job on a horse farm and I made pretty decent money. We saved enough to get a one bedroom apartment for the time being.

In March I found out I was pregnant. I had to quit my job at the farm due to the safety risks and I started working at McDonald's for minimum wage. In July I was put on bedrest due to a condition I developed during my pregnancy. In October, my son was born.

I know that I did wrong in the beginning. I had no clue what to do exactly and I had absolutely no support system. I have been sober for a year now. I'm going back to college in the spring and I plan to get at least a 2 bedroom home with my pell money.

Here is the problem:
My mother recieves aid from the government because she has my son. She is trying to get disability and is lying to them about having my son. She knows that when I get him back she will loose her income. I have mentioned "when i get him back" to her and she screamed at me that i was threatening her lievlyhood.

She refuses to let me see him with no rhyme or reason. Then, when she wants money from me she will let me visit him for the weekend. Recently she has asked if she could move in with me and I told her no. I didn't see my son for 2 months. When I was 8 months pregnant he had surgery done to repair a herniated belly button. She told me if i came to the hospital she would all the cops on me and say that i threatened her and have me thrown in jail. I havent seen my oldest son since october. When she brought him to the hospital to meet his baby brother, they were sick and I wouldn't let her hold the new baby and I told her i didnt appreciate her coming to see us while sick. On her way out the door she told me it would "be a cold day in hell" before i saw my oldest son again. Once again, I have visitation rights, but she calls the cops on me if i try to visit. She took me to court for child support. She told me that if i reported the money I had given her that I would never see my son again. For 2 months before I was put on bedrest I handed her every single paycheck I got, plus paid her child support just so i could visit with him, and since i was not allowed to travel i had to pay her $90 twice to bring him to see me in the last 2 months of my pregnancy plus take her out to eat. It would have costed her $30 dollars total for both visits in gas.

It is becoming more and more apparent that she is mental unstable. She calls me screaming at the top of her lungs cursing me about stuff that i have no clue about. i can also tell that she is not taking as good of care of my son as she would like people to believe. When they came to visit at the hospital I had to say something to him for running around in the room (yes, i had just givin birth and my mother absolutely would not keep an eye on him) but when i went towards him to put him in time out he cowered down and covered his face like i was going to hit him. Also, his daycare is making him see 2 different kinds of therapists because he isnt developing emotionally the way he should.

Clearly it is time for me to get back to work on getting him back. I am taking every measure that i can, saving money for an attorney, saving money for a bigger house because i know i can't get him back living in a one bedroom. how difficult is it going to be for me to get him back? I know I made mistakes but I was young and I tried very hard to make sure my son was taken care of even though I couldnt do it. My mom says that because I signed kinship custody to so many people means that I didn't want him and has told people in my family that I am trying to get her to adopt him, which couldn't be further from the truth. what do i need to do to get my son back?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? NC

I gave birth to my oldest son, Michael, when I was 17 years old. I lived with my father until I was 18. I spent the majority of my childhood in DSS custody because my mother left and my father was very physically abusive. When I was 18, my father abused me so bad I almost lost my eye. when i got the opportunity i clammered out from under him, grabbed my one year old son, and left. At that point I was homeless and I had nothing.

After about a month of being homeless, I could not afford child care, nor did I trust any of the people around me enough to watch my son while I looked for work. I tried different shelters but none of them offered childcare and were not in areas that offered public transportation. I had no outlet to get on my feet or better my life for my son and he needed a roof over his head whether i could provide it or not. I signed kinship custody over to a couple i knew that fosters children. They couldn't keep him anymore, so I signed kinship custody to a woman that I knew well. Upon visiting him, i found bruising on him and immediately took him away from the situation. I was still homeless and i could not provide for him so at this point i signed kinship custody to my mother, who was my very last resort. It was always the plan that I would get him back when I was stable.

I agreed to take classes to work towards getting him back to me, even though i had no idea how i would provide for him. it became apparent that without transportation or a place to sleep I would not be able to continue these classes. At this point I hitch hiked back and forth between 5 different counties for a place to lay my head with friends occasionally. Besides that, I slept outside or in laundromats or where ever i could really. DSS was getting pretty angry with me for missing classes and not completing classes, so i signed full custody to my mother to avoid the state taking custody. After court, they drug tested me and I failed for marijuana and clonopins. I actually had a prescription to clonopin but because my medicaid had lapsed the month before my prescription wasnt current and i was accused of abusing my medication. I was granted 1 hour a week supervised visitation. DSS was not very thrilled with me and tried to present a list of things that I had supposedly done wrong. It was my idea to sign over custody and they had no validation or proof of any of their accusations. The only thing that remained on the list after i told my lawyer they had no evidence was that i was homeless.

Once this happened, I moved to the closest large city with public transportation and refused to bounce around anymore. I worked as a telemarketer for an insurance company but I only made $187 a week. I looked for another job and tried to push for more hours with the company to no avail. I went to parenting classes and drug classes but I did not finish the drug classes. Still at this point I was homeless and every penny i made went to food or to my mom for my son. I didn't bother to have the visitation order changed because at this time I would spend every weekend with them, but only if i could give her money.

In January of this year i moved in with my boyfriend. i had transportaion, a roof over my head and things were starting to look up. i got a job on a horse farm and I made pretty decent money. We saved enough to get a one bedroom apartment for the time being.

In March I found out I was pregnant. I had to quit my job at the farm due to the safety risks and I started working at McDonald's for minimum wage. In July I was put on bedrest due to a condition I developed during my pregnancy. In October, my son was born.

I know that I did wrong in the beginning. I had no clue what to do exactly and I had absolutely no support system. I have been sober for a year now. I'm going back to college in the spring and I plan to get at least a 2 bedroom home with my pell money.

Here is the problem:
My mother recieves aid from the government because she has my son. She is trying to get disability and is lying to them about having my son. She knows that when I get him back she will loose her income. I have mentioned "when i get him back" to her and she screamed at me that i was threatening her lievlyhood.

She refuses to let me see him with no rhyme or reason. Then, when she wants money from me she will let me visit him for the weekend. Recently she has asked if she could move in with me and I told her no. I didn't see my son for 2 months. When I was 8 months pregnant he had surgery done to repair a herniated belly button. She told me if i came to the hospital she would all the cops on me and say that i threatened her and have me thrown in jail. I havent seen my oldest son since october. When she brought him to the hospital to meet his baby brother, they were sick and I wouldn't let her hold the new baby and I told her i didnt appreciate her coming to see us while sick. On her way out the door she told me it would "be a cold day in hell" before i saw my oldest son again. Once again, I have visitation rights, but she calls the cops on me if i try to visit. She took me to court for child support. She told me that if i reported the money I had given her that I would never see my son again. For 2 months before I was put on bedrest I handed her every single paycheck I got, plus paid her child support just so i could visit with him, and since i was not allowed to travel i had to pay her $90 twice to bring him to see me in the last 2 months of my pregnancy plus take her out to eat. It would have costed her $30 dollars total for both visits in gas.

It is becoming more and more apparent that she is mental unstable. She calls me screaming at the top of her lungs cursing me about stuff that i have no clue about. i can also tell that she is not taking as good of care of my son as she would like people to believe. When they came to visit at the hospital I had to say something to him for running around in the room (yes, i had just givin birth and my mother absolutely would not keep an eye on him) but when i went towards him to put him in time out he cowered down and covered his face like i was going to hit him. Also, his daycare is making him see 2 different kinds of therapists because he isnt developing emotionally the way he should.

Clearly it is time for me to get back to work on getting him back. I am taking every measure that i can, saving money for an attorney, saving money for a bigger house because i know i can't get him back living in a one bedroom. how difficult is it going to be for me to get him back? I know I made mistakes but I was young and I tried very hard to make sure my son was taken care of even though I couldnt do it. My mom says that because I signed kinship custody to so many people means that I didn't want him and has told people in my family that I am trying to get her to adopt him, which couldn't be further from the truth. what do i need to do to get my son back?

Your son is 17, right:confused:

Don't you think it is a little late?
 

stephaniesm2010

Junior Member
Sorry for the misunderstanding. Does she have legal custody of this child, custody that was granted to her by the State?

Stephanie, the stuff about the hole, that is just mysignature.

I'm sorry. I'm not used to these forums. Yes she does have custody. I asked social services to recommend the court give custody to her. it was my idea! they werent even trying to take custody... YET but i knew it was coming. however, when we got there, social services tried to make me out to be a monster. all of their allegations were dismissed except for the fact that i was homeless.
 

Antigone*

Senior Member
I'm sorry. I'm not used to these forums. Yes she does have custody. I asked social services to recommend the court give custody to her. it was my idea! they werent even trying to take custody... YET but i knew it was coming. however, when we got there, social services tried to make me out to be a monster. all of their allegations were dismissed except for the fact that i was homeless.

Do you have a reunification plan? I ask this because you mentioned parenting classes.
 

stephaniesm2010

Junior Member
Do you have a reunification plan? I ask this because you mentioned parenting classes.

i did in the beginning, but i couldnt keep up with it. i would miss a parenting class and have to start all over. i thought that if i opted to sign custody over while i was struggling that dss couldn't say i wasnt working to get him back and take custody of him. i spent many years in state custody and i was so scared he would get taken away from the family. i trusted that when i got on my feet my mom would sign it right back, but that doesnt seem to be the arrangement anymore.
 

Proserpina

Senior Member
i did in the beginning, but i couldnt keep up with it. i would miss a parenting class and have to start all over. i thought that if i opted to sign custody over while i was struggling that dss couldn't say i wasnt working to get him back and take custody of him. i spent many years in state custody and i was so scared he would get taken away from the family. i trusted that when i got on my feet my mom would sign it right back, but that doesnt seem to be the arrangement anymore.



Looks like you might have an uphill battle on your hands.

Your son has been out of your care for most of his life; the court may think it's not in his best interest to be removed from his home.

You need to do whatever it takes to get an attorney. And, you of course have to think about his best interest. Not yours, but his.
 

stephaniesm2010

Junior Member
Looks like you might have an uphill battle on your hands.

Your son has been out of your care for most of his life; the court may think it's not in his best interest to be removed from his home.

You need to do whatever it takes to get an attorney. And, you of course have to think about his best interest. Not yours, but his.


If I thought for a second it was in his best interest to stay with her, I wouldn't be so upset about him being there. She is filing for disability, which means she is supposedly physically unable to keep him. When she first got him she was on major narcotic pain meds. I found burn holes in her bed where she had nodded off while smoking cigarettes. I then made her stop taking them, sat with her while she went through withdrawls. It was a mess. Since then I have paid for most of her medications so i know what she takes. I've monitered this CLOSELY.

She complains about having him. He messes up her house, she can't go on dates, he is the reason she is getting kicked out of her retirement community, he drives her nuts. She refers to him as her "livelyhood" because of the check she recieves from the government. He is her only source of income.

She stays up all night talking to people on the internet, then sleeps all day when she is supposed to be watching him. She slides her couch in front of the door so he cant get out. So one day he got a knife, cut through a window screen and climbed outside so he could play. one of her neighbors had to bring him home. he wasn't even wearing shoes. Then she calls me and tells me how bad my son is, that she has taken away all of his toys and locked him in a room.

She DOES NOT need to have him. She can't care for him, he is a burden to her and she is the reason he is emotionally lagging, not to mention him practically going into the fetal position like i was going to beat him when all i was trying to do was take his hand and lead him to a chair for time out! i have even heard her threaten him with the belt while on the phone with her. she told me she didn't use it she just threatens him. he tells me every time we are alone he wants to come live with me, that he doesnt want to live with his granny anymore and that is of his own free will!

He needs his mom. I'm on my feet now and its time to get the ball rolling. my hope is that i dont have to bring up this stuff in court, which i why i didn't bring it up here initially. She slanders my name to everyone she sees. i don't believe in going tit for tat. we can all point fingers, lay blame and recant mistakes but i hope that this will end peacefully.
 
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Proserpina

Senior Member
If I thought for a second it was in his best interest to stay with her, I wouldn't be so upset about him being there. She is filing for disability, which means she is supposedly physically unable to keep him.


Wrong.

MANY disabled parents have full custody of their kids.

When she first got him she was on major narcotic pain meds. I found burn holes in her bed where she had nodded off while smoking cigarettes. I then made her stop taking them, sat with her while she went through withdrawls. It was a mess. Since then I have paid for most of her medications so i know what she takes. I've monitered this CLOSELY.


So it's no longer an issue, correct?

She complains about having him. He messes up her house, she can't go on dates, he is the reason she is getting kicked out of her retirement community, he drives her nuts. She refers to him as her "livelyhood" because of the check she recieves from the government. He is her only source of income.


I'm sure she gets tired of a toddler. We all do from time to time. And many of us whine incessantly about the bad parts of child-raising while we don't share the joys - because the joys are sort of assumed.

It's human nature.

She stays up all night talking to people on the internet, then sleeps all day when she is supposed to be watching him.

You're exaggerating here. Please don't do that.

She slides her couch in front of the door so he cant get out. So one day he got a knife, cut through a window screen and climbed outside so he could play. one of her neighbors had to bring him home. he wasn't even wearing shoes. Then she calls me and tells me how bad my son is, that she has taken away all of his toys and locked him in a room.

She DOES NOT need to have him. She can't care for him, he is a burden to her and she is the reason he is emotionally lagging, not to mention him practically going into the fetal position like i was going to beat him when all i was trying to do was take his hand and lead him to a chair for time out! i have even heard her threaten him with the belt while on the phone with her. she told me she didn't use it she just threatens him. he tells me every time we are alone he wants to come live with me, that he doesnt want to live with his granny anymore and that is of his own free will!


And I'd guess several thousand 3 year olds want to live at Disneyworld. Heck my grandkids want to live with me every time they visit.


He needs his mom. I'm on my feet now and its time to get the ball rolling. my hope is that i dont have to bring up this stuff in court, which i why i didn't bring it up here.


So you need an attorney.

Expect everything you've said here to be discarded unless you have proof of everything. It's going to be your word against hers, and let's be frank - your history is markedly more checkered than your mother's.

Credibility is a key point. I'm not saying you have no chance at getting your son back. But, I do feel you'll have a battle on your hands if your mother fights you on this.

Specially given that CPS WERE involved and you failed the reunification plan once already.
 

Just Blue

Senior Member
If I thought for a second it was in his best interest to stay with her, I wouldn't be so upset about him being there. She is filing for disability, which means she is supposedly physically unable to keep him. When she first got him she was on major narcotic pain meds. I found burn holes in her bed where she had nodded off while smoking cigarettes. I then made her stop taking them, sat with her while she went through withdrawls. It was a mess. Since then I have paid for most of her medications so i know what she takes. I've monitered this CLOSELY.

She complains about having him. He messes up her house, she can't go on dates, he is the reason she is getting kicked out of her retirement community, he drives her nuts. She refers to him as her "livelyhood" because of the check she recieves from the government. He is her only source of income.

She stays up all night talking to people on the internet, then sleeps all day when she is supposed to be watching him. She slides her couch in front of the door so he cant get out. So one day he got a knife, cut through a window screen and climbed outside so he could play. one of her neighbors had to bring him home. he wasn't even wearing shoes. Then she calls me and tells me how bad my son is, that she has taken away all of his toys and locked him in a room.

She DOES NOT need to have him. She can't care for him, he is a burden to her and she is the reason he is emotionally lagging, not to mention him practically going into the fetal position like i was going to beat him when all i was trying to do was take his hand and lead him to a chair for time out! i have even heard her threaten him with the belt while on the phone with her. she told me she didn't use it she just threatens him. he tells me every time we are alone he wants to come live with me, that he doesnt want to live with his granny anymore and that is of his own free will!

He needs his mom. I'm on my feet now and its time to get the ball rolling. my hope is that i dont have to bring up this stuff in court, which i why i didn't bring it up here initially. She slanders my name to everyone she sees. i don't believe in going tit for tat. we can all point fingers, lay blame and recant mistakes but i hope that this will end peacefully.

Sorry if this sounds rude...But why did you make the decision to have another child when the 1st one was in such a horrific situation? Should your primary goal have been to help this little boy?
 

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