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CAN
THEY DO THAT ?
GRANDPARENT'S
LEGAL - II
Janet
T. Mills, Esq.
Wright
& Mills, P.A.
THE STATE IS
TAKING MY GRANDCHILD AWAY FROM MY
DAUGHTER, AND THEY WON'T GIVE ME CUSTODY.
THEY CAN'T DO THAT, CAN
THEY?
Yes,
they can!
When
a child is taken by the state because of
abuse or neglect, the state is supposed to
consider placing the child with family
members. The state has a great deal of
discretion, however, and very often the
Department of Human Services places the
child in a non-family foster home instead.
Grandparents
may assert legal rights respecting a
grandchild who is in state custody only by
filing a petition to intervene in the
child protection proceeding in the
District Court. Otherwise, grandparents
have no automatic right to be
heard.
The
court may grant "intervenor" status if the
court finds that the grandparents have an
existing relationship with the grandchild,
or that they have made a sufficient effort
to establish a relationship, and that
granting the grandparents a right to
intervene would be in the best interests
of the child.
Once
"standing" and intervenor status have been
granted, then the grandparents may ask the
court to place the child with them or at
least grant reasonable rights of
visitation and access, including telephone
contact, visits at the grandparents' home
or visits at the foster
home.
The
court may give the grandparents priority
consideration for placement if that is in
the best interests of the
child.
Once
there is an adoption agreement with
prospective adoptive parents, however, the
grandparents' rights may be
suspended.
Remember,
if your grandchild has been taken into
state custody, you have no automatic right
to insist on visits with the child or to
require the state to place the child with
you. You must first petition the court to
be heard and then ask the court to
establish these rights.
--
It's the law!
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