How do I get my grandchildren out of foster care?
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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 13 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.
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