How do I get my grandchildren out of foster care?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do I get my grandchildren out of foster care?

My ex-daughter in law lost my grandchildren to DHS. My son has pending allegations so he cannot do anything until he is cleared in DHS court in July. Today in court the mother of the children will not get them back until her next court date in June, providing she can get a job and a place to live. DHS had me fill out a home study packet a month ago, but they are dragging their feet about it. The judge would not even listen to anything I had to say. How can I go about getting my grandchildren out of foster care? Will Grandparent’s Rights help me at this point?

Asked on February 15, 2011 under Family Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your situation.  I think that it would be best to get an attorney involved to move things along.  Statutes that deal with the rights of Grandparents generally surround issues of visitation when couples divorce or a party remarries, etc.  It is my understanding that Arkansas specifically grants great-grandparents the same rights as grandparents. Grandparents or great-grandparents may request visitation rights if the parents' marital relationship has been severed by death, divorce, or legal separation. In addition, visitation may be requested if the child is in the custody or under the guardianship of a person other than a natural or adoptive parent, or if the child is illegitimate. In the case of an illegitimate child, a paternal grandparent may request visitation only if paternity has been established in court. So this will get you to see your grandchildren but that is not what you really want.  You may want to start a petition for custody of the children.  You seem to be the right choice here to give them a stable environment with a family member but your son could be an obstacle to that. Seek help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption