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If my daughter signed custody of my grandson to DCF can I go to court to get guardianship. Do I have to go through DCF?

Springfield, MA |

If my daughter signed custody of my grandson to DCF can I go to court to get guardianship. Do I have to go through DCF?

I have spoken to the ombudsman in my area due to having problems in the past with the office in my area. i.e. a friend of the ex husband (an investigator) came out to my home after a false allegation was brought against me for removing my son from a bad school into a proper one for his needs. The worst part is that the SPED now states they agree he was in the wrong school. Anyway thats over, and what is important is my grandson. The ombudsman said I can file for custody in court I just want to make sure because they change their minds depending on their mood swings out here. After all the games that have been played in the past is this the best way to go for my grandson? I somehow believe they will try to retaliate and stop it from happening if I go above their politics. I did inform DCF that I want my grandson who by the way has been with me since birth up until 2 yrs ago when the courts gave him back to her. This is so unfair to my grandson. Thank you so much for any advice.

Attorney Answers 4

Posted

You should contact a family law attorney to assist you, particularly since DCF is involved. You do have the ability to file a petition for guardianship. It will be helpful if your daughter agrees with you having guardianship. Additionally, it may be helpful to reach out to the DCF worker to arrange visits with your grandson while the petition is pending. Best of luck to you.

This answer is intended for general informational purposes, and does not create an attorney-client relationship.

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Glad to hear Im on the right track that is just what I did. Thank you for responding. Have a safe, and lovely New Year!

Posted

I agree with my colleague's answer and suggest you contact a local family law attorney, particularly where DCF is involved. Many attorneys offer free consultations. Best of Luck.

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Thank you.

Posted

I agree that you should probably seek counsel to help you. I gather from your information that you have a history with DCF and cannot be approved as a foster placement for your grandson through their offices. What's missing from your information is whether this "signing over" was a voluntary placement (for six months) or not. Moreover, is there a custody action pending in Probate Court or a Care and Protection petition in Juvenile Court? If you file a guardianship petition DCF will have to be notified and will be involved. This does not mean that you can't get court approval, but an investigation likely will be ordered. Where you file the guardianship depends on whether there are any other matters pending in a court concerning your grandson. Please speak to an attorney; many, like myself, offer free or low cost consultation.

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Posted

Thank you all for your feed back, and yes I do have a history with DCF. My ex husband's way of trying to hurt me for leaving him. I did go to the court and file for guardianship yesterday, and spoke to DCF. I explained that when both 51a were filed I was in court with my ex, and in the report it stated "DCF doesnt believe the accusations are an issue". The second one was because I changed my son's school he is autistic, and wasnt in the proper school. I explained to her that it should be noted that my son is now thriving in his new school so my actions were for his best interest. She said she will look into it further, but for now another family member can step up for him. There is no open case in the courts for him at this time. They took my grandson then went back to his mother the next day, and told her to sign him over voluntarily. I dont know the details of the signing over. Im glad to know that I have done exactly what you suggest above on yesterday. Again thank you so much for your answers.

Posted

I am confused. Did DCF place the child with you after your daughter signed over temporary custody to DCF? You must remember that DCF is mandated to keep kids in the home or reunify as soon as it is in the child's best interest to do so.

Once the child was reunified with the mother, have you been having grandparent visitation? IF not, start that up immediately in order to be able to show a court that you have a relationship with the child.

If you want to get a guardianship on the child, you need to petition the court and either get support from your daughter (and DCF, if it is still involved) or take it to trial.

There are many questions I have but I do know that you need to hire an attorney who is experienced in this kind of case.

If you need to consult with me, you can call me at 781.383.1940 during office hours.

Valerie J. Semensi, Esq.

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Again thank you for your response. This is the second time he has been taken from his mother. The first time was when he was and infant, and she signed him over to me before DCF found her to take him. Then I worked with DCF as a foster parent. He lived with me for a year but when it was time to renew my guardianship his mother caused problems, and I agreed to have him placed in foster care with my continued support, and relationship to see if his mother would then get it together for him. I saw him weekly and we all hoped his mother would make efforts to better herself for him. After almost a year they said they didnt feel she did what she needed so we started the papers for me to adopt him. She went to court, and to our surprise the judge gave him back to her. Once she got him back I became her baby sitter, and at first it was once or twice a week then it turned into drop off on Wed pick up the following Monday. He basically lived with me and saw her twice a week. Then thing slowly got worse, and worse the two days she was with him was too much for her, and she began screaming, yelling, hitting, and saying "I wished I never had the fn kid" thats when I stepped in and called. DCF opened on her and on Dec 18 I received the call that they took him because she wouldnt even go get him some medicine for his teeth! I went to court on Friday to file for guardianship again, and my younger daughter called to say she would step up until they decide on me. Please also see my above answer. I will absolutely give you a call on the next business day. Thank you again!

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Posted

P.S. The thing is the ombudsman looked at my history and said he didn't see ANYTHING that should stop them from giving him back to me. Im the main stability he has had since birth he called me mommy. He now knows Im his Meme :) but to him it doesnt matter as long as Im his, and I feel the same way. They took my phone number on Friday and said they would ask the foster parent to try, and give me a call. Nothing so far. Have a safe, and lovely New Year.

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