My question involves a child custody case from the State of: North Carolina.
My husband and I have been caring for our grandchildren for well over a year because our daughter and her husband were hooked on heroin. They both had numerous charges for stealing, probation violations and had been in and out of jail. A safety plan was in place from Jan. 2016 through Oct.2016 and both parents could see the kids as long as a designated person was present. When I was in the hospital in October, 2016, the children were left unattended with the parents by the other grandmother. They went out ofstate, stole property, were arrested and children were taken into DSS custody. Both parents went to jail, children were all left with my husband and I from Late October until March.
In March of this year, while I was giving a bath to the two older children (ages 3 and 1) my daughter came to my house to borrow my vehicle. Her car was in the repair shop. The children did not see her. She told me the other grandmother was at my house outside changing over the carseats. This was not suspect bc the other grandmother had told me a few days.earlier that she wanted to spend.time with the baby bc she had.not been helping.to care for him at all. She asked if she could carry the baby (age 6 months)out to the other grandmother. Because I was unable to leave the two in the tub alone I said yes. She left and as far as I knew the baby was with the other grandparent. However, a terrible car wreck occurred and both my daughter and the baby were killed on impact.
I did not know the baby was with her until the state trooper came.to our residence at 1 in the morning and we were advised of the accident. We realized our daughter had lied and had taken the baby with her. She had been in jail over half.of his life and feared he had bonded with me more than her. Due to our horrible loss, we were unable to care for the children that night so the other grandparents took them. I notified DSS of the accident the next morning and they went to the other grandparents house and took the children. They have been in foster care since then. An investigation was done by a neighboring county to see if there was any wrongdoing on our part and ALL allegations were unsubstantiated. We hired a lawyer to file a motion to intervene but the motion was denied bc the word "caretaker" had been taken out of the statute on the official website even though it was still in books used by the lawyer and thejudge.
On the same day, DSS proceeded with their recommendations to terminate the fathers rights but the father made substantial allegations against me...none of which were.true, but the judge did NOT have the report where we were cleared by the other county and we were NOT allowed.to speak to defend ourselves at all. DSS is looking at possible placement of the kids with some of our family members but the next court date is not for three more months.
Is there anything we can do to file another motion to intervene or.can we somehow contact the judge so we.can be heard? We would liketo be considered for placement and/or adoption if reunification with the father cannot be obtained. He is still facing multiple Charges in several counties and presently has not gotten a job, paid child support, gotten a place.to live or followed through with the requests.of DSS for over a year. He also failed one drug test. His mother wants the children but a home study was done and they failed due to drug use, past criminal history and the father living there. Please help us...these babies are all We have left.
My husband and I have been caring for our grandchildren for well over a year because our daughter and her husband were hooked on heroin. They both had numerous charges for stealing, probation violations and had been in and out of jail. A safety plan was in place from Jan. 2016 through Oct.2016 and both parents could see the kids as long as a designated person was present. When I was in the hospital in October, 2016, the children were left unattended with the parents by the other grandmother. They went out ofstate, stole property, were arrested and children were taken into DSS custody. Both parents went to jail, children were all left with my husband and I from Late October until March.
In March of this year, while I was giving a bath to the two older children (ages 3 and 1) my daughter came to my house to borrow my vehicle. Her car was in the repair shop. The children did not see her. She told me the other grandmother was at my house outside changing over the carseats. This was not suspect bc the other grandmother had told me a few days.earlier that she wanted to spend.time with the baby bc she had.not been helping.to care for him at all. She asked if she could carry the baby (age 6 months)out to the other grandmother. Because I was unable to leave the two in the tub alone I said yes. She left and as far as I knew the baby was with the other grandparent. However, a terrible car wreck occurred and both my daughter and the baby were killed on impact.
I did not know the baby was with her until the state trooper came.to our residence at 1 in the morning and we were advised of the accident. We realized our daughter had lied and had taken the baby with her. She had been in jail over half.of his life and feared he had bonded with me more than her. Due to our horrible loss, we were unable to care for the children that night so the other grandparents took them. I notified DSS of the accident the next morning and they went to the other grandparents house and took the children. They have been in foster care since then. An investigation was done by a neighboring county to see if there was any wrongdoing on our part and ALL allegations were unsubstantiated. We hired a lawyer to file a motion to intervene but the motion was denied bc the word "caretaker" had been taken out of the statute on the official website even though it was still in books used by the lawyer and thejudge.
On the same day, DSS proceeded with their recommendations to terminate the fathers rights but the father made substantial allegations against me...none of which were.true, but the judge did NOT have the report where we were cleared by the other county and we were NOT allowed.to speak to defend ourselves at all. DSS is looking at possible placement of the kids with some of our family members but the next court date is not for three more months.
Is there anything we can do to file another motion to intervene or.can we somehow contact the judge so we.can be heard? We would liketo be considered for placement and/or adoption if reunification with the father cannot be obtained. He is still facing multiple Charges in several counties and presently has not gotten a job, paid child support, gotten a place.to live or followed through with the requests.of DSS for over a year. He also failed one drug test. His mother wants the children but a home study was done and they failed due to drug use, past criminal history and the father living there. Please help us...these babies are all We have left.
Court Proceedings: How Can a Grandparent Keep Custody of a Child After Neglect Allegations
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