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View Full Version : Grandmother has full custody.. How does Mom get it back


Stacy70
Dec 29, 2010, 09:25 AM
Seven years ago my mother talked me into leaving my 3 kids with her to protect them while I ran from an abusive husband who had found me. As soon as I left the state, she hired an attorney and got full custody saying I abandoned my kids. By the time I found out what had happened, it was too late, she was already granted custody. I spent several years homeless because I have seizures and am disabled. For the next 4 years I called my mothers house to talk to my kids. 9 times out of 10, I was told that either the kids were sleeping, were busy, or were not home. Gifts I sent to them were sent back unopened. Three years ago I called child protective services in the State of Ga (where my children live) I told them about my abusive childhood, and how my 3 children were living with my mom, her boyfriend, and my adult brother in a two bedroom trailer. My daughter and my older son share a bedroom with my mom and her boyfriend. My other son shares a bedroom with my now 39 year old brother. After an investigation, CPS called me and told me they would give my mother the resources she needed to raise my kids. My mother then cut off all communication between me and my children. My oldest is 17 with autism.. then I have a 15 yr old. My daughter is 11. I have been able to talk to them starting on Christmas day. They have cell phones.. (My two younger ones). They sneak to send me text messages and pictures. We have talked everyday since Christmas. They say they hate it "where I left them". They say my mom is mean to them, but won't give details. They say they still sleep on the floor in Mom's bedroom. My son also told me that mom has a "disease that makes her forget things". I can't call CPS in Ga, because they were useless last time, and I'm guessing they will be no better this time. (CPS useless when I was a kid as well) I live on SSI now and cannot afford an attorney. I am desperate. This battle has been going on now for 7 years. I live in WV my kids live in Ga.

p.s. about 5 years ago my mother had her lawyer drqaw up custody papers and send them to me. I was homeless at the time and was pressured by her, her attorney, and the people I had been staying with to sign the pretty much one sided papers. My mother even got my kids on the phone begging me to sign. They granted mom full custody, allowing me supervised visitation 2 times a year. I had to give 30 days notice, and could only see them for a couple of hours per visitation. I have never abused my kids, I have never done drugs, nor have I ever been drunk, yet I am treated as a horrible parent. I have never been able to visit my kids. At first I didn't have the funds, then when I was able to get them, and make plans, my mom told me it was not a good time and could I reschedual. Upon doing so, she later informed me that it was too late that I should have come when I was supposed to. Then she cut off all contact. Do I have any legal rights?

smoothy
Dec 29, 2010, 10:27 AM
The courts had a hand in this, so you should apply through the courts to revise the custody arrangement. If you can present proof... present character witnesses... anything that can prove the previous situation has improved it can go a long way towards regaining it. But this really isn't a do-it-yourself project if you care about winning it back.

I know you say you can't afford it... but your chances are far worse unless you have one. I'm not really sure you could even represent yourself on this. Not to mention the complexity of dealing across state lines. I really hate to say this but its not as easy as defending yourself in traffic court... and even that really isn't easy if you want to win.

Stacy70
Dec 29, 2010, 11:19 AM
I now live in subsidized housing and have been at this same address for 2 and a half years. I have a lot of character witnesses including the Housing managaer, the pastor of a local church, and several outstanding members of the community in which I volenteer. Even the chief of police can give me a good character reference, as I work closely with him. I sit on a neighborhood improvement council and we work closely with local law enforcement.

My income is less than $700 a month.. so a lawyer is out of the question unless legal aid sees fit to represent me. I keep getting heart wrenching messages from my children. They have to hide to send me these messages for fear of their grandma catching them. Do I ask for specifics on how they are being treated? Do I even let them know that I am trying to get them out? I am fearful that if my mother found out what I was doing, things could get harder on my kids. When I was a kid, I called CPS myself. My mother's friend in the CPS office stopped the report and told my mom.. Things got a lot worse. I don't want my mom finding out that my kids are telling me these things until it is too late for her to make their lives more miserable.

I know I can't do this alone. I have tried many times over the years. I have given up in the past, but I can't move on knowing my children may be suffering the same abuse I and my siblings suffered. As I said, CPS is just as useless now as they were when I was a child.

Stacy70
Dec 30, 2010, 03:24 AM
I know my question was answered, but my son spent hours texting me tonight telling me about all the things my mom does to him and my other children. I am frantic to get them out of that house! CPS in Sparta, Ga has proven to be useless. I have called them in the past, my son called them while in the 5th, 6th, and 7th grade. My mother (as she did when I was a child) sweet talked the case worker into not believing the kids. The children were then punished after the case worker left. Last year my mother hit my son in the head with a flashlight causing him to bleed. My other son told the librarian at school. The librarian asked if my children wanted him to call someone. My children said no. After all, what would it gain except another whipping after the case woirker was sweet talked again. I know how they feel cause I have been there! I can't afford an attorney, after I pay my bills, I have less than $100 for the month. I budget well, so it is enough for me, but not enough for me to spend 5 to 10k on a retainer. Right now I am fighting the urge to take my bill money and go to Ga. To kidnap my own children like they are begging me to do.

ScottGem
Dec 30, 2010, 05:18 AM
Talk to your pastor, maybe there is an attorney in your congregation who will help you. But you are going to NEED legal representation to get anything done.

Tell your kids to talk to someone at their school about the issues they are having. I know you think CPS is useless, but it seems to me they did try to help, just not the help YOU wanted. But your best bet is to get CPS to rule that your mother is unfit.