Legal Question in Family Law in South Carolina
Custodial Grandparent
We were given Physical and legal custody of our 2 grandchildren 9 months ago. There has been numerous attempts by DSS/CPS to get my daughter and her boyfriend to complete the classes and trainings --still 9 months later they have not completed any, they also recently were evicted for non payment of their rent and they have not paid any child support not even the court ordered support.
They were given 2 more months to complete their classes and had 24 hours to sign up for the classes (which they did not do). DSS said that if at the end of 2 months they were considering taking custody from them and giving it to us. Thus making it so that they would have to hire a lawyer to fight us to get the children back.
What rights (if any) do my husband and I have to make sure that they do not get the children back.
Should we hire a lawyer to help us fight for the childrens welfare and well being?
1 Answer from Attorneys
Re: Custodial Grandparent
Your message states that you were given "physical and legal custody" nine months ago, then you later reference DSS wanting to "give" you custody. If you already have custody, then I don't know why DSS would think that they can give you what you already have.
If the parents have not completed the treatment plan, then you should certainly push to have them close the case, which will result in the parents having to file a private action to try to get the children back from you.
Having an attorney assist you with this process will certainly be helpful and could make things go much more smoothly for you.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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