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question about DSS having custody...

Posted by on Mar. 3, 2014 at 1:51 PM
  • 41 Replies
Mom just got locked up and wont be out for a while. Dad is also locked up but will be out in the next month.
Dss has child at the moment...and the aunt ( maternal Grandmas sis) is going to try to get custody.
The paternal grandma also wants to get custody.

anyone know what the process is?
Wat does dss look for/at when placing a child with family?
Someone said they wont give chilsld to dad when he getS out because he was in jail. I dnt believe that but is it true? Dad will have his own room and a room for child when he gets out. Dad will be living with grandma.

the aunt lives out of town and grandma lives in town where child goes to school. Is that something they look at also?
Does the child have any say of who they'd want to be with?
Child is 8 yr


Dad did 3yrs and charged wIth felony. Mom will prob be charged with the same plus trafiking heroin. But dad was not involved with any drugs and no criminal record prev to this charge .....
by on Mar. 3, 2014 at 1:51 PM
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Replies (1-10):
momof2ex1
by Ruby Member on Mar. 3, 2014 at 1:58 PM
Who has the child now?

Dad will likely have some form of visitation or reintroduction through supervision.

Really it just depends on the court and the actual judge. I've seen cases where the family member had the child for an extended period of time and the parent was never able to regain custody. I've seen the opposite happen. But usually when the family is not fighting against reunification between parent and child.
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Birdseed
by Platinum Member on Mar. 3, 2014 at 2:02 PM

Not a clue.  Poor kid.

kpnthefaith
by Bronze Member on Mar. 3, 2014 at 2:26 PM
Dss has child at the moment

Quoting momof2ex1: Who has the child now?

Dad will likely have some form of visitation or reintroduction through supervision.

Really it just depends on the court and the actual judge. I've seen cases where the family member had the child for an extended period of time and the parent was never able to regain custody. I've seen the opposite happen. But usually when the family is not fighting against reunification between parent and child.
jules2boys
by Gold Member on Mar. 3, 2014 at 2:29 PM

I don't have a clue, never been in this position nor known anyone in this position. 

Was dad's felony a violent one?  Did it have anything to do with BM or the child? 

AtillaTheHun
by facta, non verba on Mar. 3, 2014 at 2:47 PM
I have no idea. I've never been in this situation, and I don't know anyone who has been or is.
kpnthefaith
by Bronze Member on Mar. 3, 2014 at 2:49 PM
Dads charge had nothing to do with child or mOm...but moms charge def put the child in danger plus shes got a long criminal record and warrants..

Quoting jules2boys:

I don't have a clue, never been in this position nor known anyone in this position. 

Was dad's felony a violent one?  Did it have anything to do with BM or the child? 

Birdseed
by Platinum Member on Mar. 3, 2014 at 3:14 PM

How do you relate to this situation OP?

chrisginct
by on Mar. 3, 2014 at 3:21 PM
Im going through a similiar situation. My brothers child got taken away and is in dss custody and me and my dh are in the process of getting custody. In my state you have to be a liscensed foster home. We are jumping through many hoops, it is a long drawn out process. Good luck! Contact the dcf worker on that case and tell them family wants him and see if one of them can be liscensed!
jules2boys
by Gold Member on Mar. 3, 2014 at 3:24 PM

Ok, but was dads charge a violent charge against anyone else?  Does it show a 'history of violence' the courts may not want to put the kid back with BF over?  Or was it a felony but a non-violent one?  If it was a non-violent felony I'd think (but again, I have NO experience with this personally) the courts would not hinder either grandparent from taking temporary custody of the poor kid and may look to their individual health as a greater factor than whether they're paternal or maternal GPs.  (for instance, if XH and I suddenly lost our minds and went to jail, the courts would give the boys to my mom.  My mom and xMIL are less than a year apart in age, biologically, but physically, they're about 20 or so years apart.  xMIL is on permanent disability, often must be pushed in a wheelchair, uses a walker most days, doesn't eat well, has a laundry list of health ailments and isn't in a position to care for even ODS15 (nearly 16) on a full-time basis.  My mom, however, takes Tylenol almost daily for a knee issue that has just started within the last year.  That's it.  She still walks up to/over 5 miles at least 3 times a week with a friend, she works full time outside the house, she owns her own home, she's physically and mentally active and is completely capable (not that she'd want to) of raising the boys if it came down to it.  If necessary, our courts would choose the boys maternal grandmother to continue raising them.)   

Quoting kpnthefaith: Dads charge had nothing to do with child or mOm...but moms charge def put the child in danger plus shes got a long criminal record and warrants..
Quoting jules2boys:

I don't have a clue, never been in this position nor known anyone in this position. 

Was dad's felony a violent one?  Did it have anything to do with BM or the child? 


Polkadotted
by Gold Member on Mar. 3, 2014 at 3:59 PM

It depends.  They typically have to go through reunification with the parents first.  Either parent has the ability to regain custody unless they are deemed unfit.  That will depend on the specifics.  And the ability to follow the service plan. 

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