Q: Granddaughters in foster care. How to get them back on an emergency hearing?
Their mother assaulted me an April 10, 2020, pushing me back while I sat in a chair. Causing my head to hit the kitchen cabinets behind me. I filed a police report and they do not locate her that night. They (mother and new husband) lived with us and the granddaughters were already asleep. They left and did not come back. I filed for temporary custody on April 14, 2020 and was granted it on May 11, 2020 in court. From the very get go, the mother, our daughter, made allegations that put everything in question. The granddaughters both at ages 7 and at the time 9 had to go through a forensic, therapeutic interview to determine if they had been sexually abused, were coached, and so on. No evidence was found. Matter of fact it is reported that the only abuser was their mother. They removed the granddaughters anyway on Aug 17, 2020 and we returned to court on Aug 19, 2020 and gained custody back. Every allegation made, DCS's attorney rebutted. We went for adjudication on Dec 10, 2020.
A:
Thank you for your question. With the facts you shared, one option is to file a petition for custody of your grandchildren. To get custody, you would have to present several facts to the court, including that the parents of your grandchildren are unfit to care for them. If there has been a finding of abuse or neglect against the parents, it probably will not be difficult to show that the birth parents are unfit.
Matters involving child custody are usually complex, and courts are especially strict when cases involve children and custody. To make sure that you are doing everything you can, I recommend that you contact an attorney immediately and discuss the specific facts of your case with them.
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