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xvrene · Jul 26, 2008, 05:44 PM

My husbands mother and father have temporary custody of our 2 sons because we had no where to live. Now we have a 13 month old daughter that has been living with us in our 2 bedroom apartment. We got in an argument and I left with her. He went to mommy and daddy telling them a bunch of lies, now we are back together and his mom wants to try to get custody of her. This happened only once since she has been born. We have to move to KY from VA for my husbands job, now doesn't she have to file in KY since that is where we are going to be living?

N0help4u · Jul 26, 2008, 05:53 PM

If you have a stable place to live and a stable income and are able to provide for her then I don't even see her getting custody. She would have to prove you are unfit, negligent or a danger.
I would think she would have to file in the state your are living in.

xvrene · Jul 26, 2008, 06:00 PM

See the thing is that I have an older child that social services took from me and put him up for adoption because I could not provide a plce of residence for him. With me having a CPS case they are trying to tell me they can use that against me, that was 7 years ago, would that not be kind of like double jeapordy in a way? I mean our daughter is very well taken care of I am with 24/7 because I do not work and I breastfeed. She is happy and will not go to no one else but me ( she will not even go to daddy).

N0help4u · Jul 26, 2008, 06:07 PM

They are trying to scare you. They can not take your kid now off you because of circumstances from years ago unless maybe they were circumstances concerning unfit parent -abuse type issues. If they do try tell the case workers/Judge that that was 7 yrs ago that you could not afford to keep them because of circumstances beyond your control at that time and now you have gotten your life together.
I know lots of girls who had a baby when they were 13 and then another at 15 and another at 18 and another at 20 and they were all treated as individual cases. Unless you have something in your files stating YOU are unfit they have to determine the case NOW and state founded or unfounded. They even took my two sons and left my two daughters and it was one single case.
I think the grandparents are just using scare tactics to make you feel it would be simpler to just hand her over.

stinawords · Jul 26, 2008, 07:25 PM

As for filing they would file in VA for sure. Unless they plan on waiting until after you have established residency there which takes some time (time varies in different states). The fact that you already had one child taken and two more with them can be used against you in court. However, child services themselves will treat it as a separate case those facts will be looked at by a judge to deal with this case. When you move are you taking your sons with you or will they still have custody of two of your three children?

JudyKayTee · Jul 27, 2008, 09:48 AM

Originally Posted by stinawords

As for filing they would file in VA for sure. Unless they plan on waiting until after you have established residency there which takes some time (time varies in different states). The fact that you already had one child taken and two more with them can be used against you in court. However, child services themselves will treat it as a seperate case those facts will be looked at by a judge to deal with this case. When you move are you taking your sons with you or will they still have custody of two of your three children?

They would file in your State of residence, not where you INTEND to establish residence.

And your past history is part of your all over parenting profile so, yes, it will be considered. Minimally you may be monitored.

I'm sure you don't need the preaching but maybe you should consider not having any more children.