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Grandparent custody -- (my emergency hearing is tomorrow)

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  • Grandparent custody -- (my emergency hearing is tomorrow)

    I am a victim of domestic violence and I was living with the father of my children until our last domestic violence incident. I left his home and took my kids into a shelter. I filed for a restraining order and as a result of the incident CPS worker's came to my home and are investigating the case. I received a phone call today that the paternal grandmother has filed a petition to the court asking to grant her custody of my children alledging that I have neglected my children and I cannot care for them.

    Somebody please help me! I do not know what to do and my emergency hearing is tomorrow at 9:00 a.m.

  • #2
    re: Grandparent custody -- (my emergency hearing is tomorrow)

    I wish to inform you that generally you must receive copy of petition. If no document has been served upon you then in court hearing you may request that service must be first done upon you. You may further contest claims of grandmother that parents have right to child custody and that you are taking care of your children. You may also argue that legally grandparents are generally not having right to child custody.

    AFF

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    • #3
      re: Grandparent custody -- (my emergency hearing is tomorrow)

      Originally posted by kpwilder View Post
      I am a victim of domestic violence and I was living with the father of my children until our last domestic violence incident. I left his home and took my kids into a shelter. I filed for a restraining order and as a result of the incident CPS worker's came to my home and are investigating the case. I received a phone call today that the paternal grandmother has filed a petition to the court asking to grant her custody of my children alledging that I have neglected my children and I cannot care for them.

      Somebody please help me! I do not know what to do and my emergency hearing is tomorrow at 9:00 a.m.
      In what state has this occurred?

      Keep in mind that you did what was necessary to protect the children. The grandmother is unlikely to obtain custody over the children unless she can guarantee that the children WON'T be allowed near the children's father (her son).

      I trust that you have filed a police report regarding the alleged domestic violence incident(s)?
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

      Comment


      • #4
        re: Grandparent custody -- (my emergency hearing is tomorrow)

        As between parents and grandparents, a parent is entitled to custody of his or her child unless the parent is either unfit or unable adequately to care for the child or there are compelling reasons for awarding custody to a grandparent. Compelling reasons include abandonment, persistent neglect of parental responsibilities, extended disruption of parental custody, or other similar extraordinary circumstances that would drastically affect the welfare of the child. Seek help from an expert family law attorney.

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        • #5
          re: Grandparent custody -- (my emergency hearing is tomorrow)

          Alleging DV against dad and moving out does not mean you are not guilty of child neglect.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

          Comment


          • #6
            re: Grandparent custody -- (my emergency hearing is tomorrow)

            I never reported the other domestic violence incidents because while I was living in their home, I was threatened that they would call DYFS on my to remove my children. I was scared. I did report what happened though during the last incident in the restraining order. The grandmother is alleging that I have neglected my children and that each time she has been to my home my children were dirty and not clean. This woman has never been to my home. It is possible that the DYFS caseworker will be present at the court hearing. This is what worries me because what if she sides with the grandmother? The grandmother lives in NC and has a one bedroom condo in NJ. I wanted to seek a good lawyer but it is $1500.00 to retain one. I am hoping to find a pro bono attorney to help me but I have been unsuccessful finding one in NJ.

            Comment


            • #7
              Re: Grandparent custody -- (my emergency hearing is tomorrow)

              Whatever you do, do not agree you failed to care for them properly. Do not agree to a split period where they can go with grandma. Do not give an inch toward grandmas requests. Try to keep DCF out of the situation as much as possible. Find a dv center locally. They may have a lawyer they recommend.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

              Comment


              • #8
                Re: Grandparent custody -- (my emergency hearing is tomorrow)

                Originally posted by kpwilder View Post
                I am a victim of domestic violence and I was living with the father of my children until our last domestic violence incident. I left his home and took my kids into a shelter. I filed for a restraining order and as a result of the incident CPS worker's came to my home and are investigating the case. I received a phone call today that the paternal grandmother has filed a petition to the court asking to grant her custody of my children alledging that I have neglected my children and I cannot care for them.

                Somebody please help me! I do not know what to do and my emergency hearing is tomorrow at 9:00 a.m.
                The grandparent's rights are far inferior to yours. You have given no information about the allegations the paternal grandmother is bringing, no specifics, so it is hard for anyone to give you any advice that is worth anything.

                Since you are in a domestic violence shelter, you should have legal help available to you through Legal Aid. The issue of custody of one's children is far too important to go into court alone, pro se. Since CPS is involved, all the more important you have a lawyer representing you.

                If you cannot line up an attorney before the hearing tomorrow, the first thing out of your mouth should be that you want the matter continued until you have legal counsel to represent you
                .

                Comment


                • #9
                  Re: Grandparent custody -- (my emergency hearing is tomorrow)

                  Originally posted by kpwilder View Post
                  I never reported the other domestic violence incidents because while I was living in their home, I was threatened that they would call DYFS on my to remove my children. I was scared. I did report what happened though during the last incident in the restraining order. The grandmother is alleging that I have neglected my children and that each time she has been to my home my children were dirty and not clean. This woman has never been to my home. It is possible that the DYFS caseworker will be present at the court hearing. This is what worries me because what if she sides with the grandmother? The grandmother lives in NC and has a one bedroom condo in NJ. I wanted to seek a good lawyer but it is $1500.00 to retain one. I am hoping to find a pro bono attorney to help me but I have been unsuccessful finding one in NJ.

                  Contact Legal Aid immediately.

                  Comment

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