Legal Question in Family Law in Tennessee

Grandchild in supposed temporary custody

While on vacation in July, my grandson was put into custody (DCS)because my daughter is on drugs. They for some reason thought I had open heart surgery which I didn't. I want to file for temporary custody of him but my daughter has evidentally made false statements and accusations against me. DCS will not tell me why but refuse to do a home study on me because of these allogations. What steps can I take to prove my innocense of any such. Also I have had custody of my 12 yr. old grandaughter by the same mother. Recently the mother took my grandaughter home with her because the grandaughter and I had a dispute and correction problem. The DCS worker said the child is not to go with the mother but she took her anyway. I went to DCS and discussed this with the caseworker and nothing has been done about it. My daughter has not complied with the court concerning the grandson and so why is the 12 yr.old allowed to continue to stay with her. Here is the real kicker, my daughter has for the past 3-4 yrs. has been living with my ex-husband which is morally wrong for either of the children to be subjected to. I think what my question would be is how do you have the DCS investigated because they are the one not doing the job. Please help.


Asked on 10/03/04, 11:16 pm

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Grandchild in supposed temporary custody

You are describing circumstances similar to, although without the family incest allegation, a situation I encountered with caseworkers for the Dept. of Human Services. You can read my law newspaper article on that case at http://riskmgmt.biz/dhs.htm

You have a fairly simple option at this point. You can petition either for visitation or for custody of one or both of your grandchildren. I have no idea if you would be found to be a fit parent or not. The court will order a home study be performed as soon as it appears your petition will not be dismissed as meritless. I can prepare the petition for you for $60.

You are welcome to try to craft one on your own as well. I have a sample grandparent visitation petition shown on my website at http://riskmgmt.biz/grandparentvisitation.htm

Michael Guth

http://riskmgmt.biz/prose.htm

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Answered on 10/04/04, 12:04 am


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