Lakeland, FL asked in Family Law and Child Custody for Florida

Q: We've complied with court requests and CPS requirements and passed but still do not have grandchildren; what can we do?

CPS skipped over family and placed toddlers in foster care. Even though they knew there were willing and able family members; especially the grandparents who have a very close relationship with the children. The aunt does not; she barely knows them. However, on June 8, 2020 when the Judge admitted she didn't see anything on record or in the file that would prohibit the grandparents having their grandchildren she requested they be vetted (CPS did not have any plans on doing this). Grandparents passed their background with no issues and CPS is still refusing to move the children. They delayed requesting Polk County CPS to conduct a background check for a month. However, expedited the aunt's and moved the children there alleging they are with family there's nothing more to do. The aunt is money motivated so she must have learned she can make money; there is NO relationship between her and my grandchildren. Being with family who raised them is in the children's best interest.

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Tallahassee, FL
  • Licensed in Florida

A: 1. These unfortunate intra-family squabbles may never cease because of the feisty angry nature of most non-parents.

4. Using all the buzz words like "in the children's best interests" and "the aunt is money-motivated" and "there is no relationship between her and (your) grandchildren" may sound great to you and the niece--but not to the Judge.

3. Unless you have many more facts than presented above, the Department of Children & Families will probably NOT just do what you think should be done with the children--over whom the CPS has near-complete jurisdiction.

4. Although you probably cannot see it now, I can tell you, from my years of hands-on experience in these emotional money matters, that your BEST long-range position here is to go back to being nice to the niece and offer her any and all assistance raising your grandchildren--because that course of action "is in the children's best interest."

5. As you MUST know, young children are much more sensitive, observant and honest than most adults; so if you continue making trouble in the niece's life you will live to regret it.

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