Ask Me Help Desk - Wanting to know what I can do to get custody

me and my wife has been divorced since September 2007 we got joint custody of our two girls one is 9 and the other is 3. On February 29 2008 she dropped them off at my sisters for me to pick them up after work for my weekend visit with the kids. We didn't hear from her anymore for about 3 or 4 weeks. And she has not got them since. I work out of town and I live with my sister for now with the kids, my sister takes care of them while I work. She keeps my oldest daughter and puts her off to school and my youngest stays during the week with my x wife's grandparents because of my sister working during the week. The mother has seen the children but not very often, she got into drugs really bad, and when the few times she kept the kids, we were hearing later on that she didn't feed them. And she would only have them for 3 or 4 days. But her grandparents, keep defending her and has let her take the kids when they had them on a weekend or something, knowing how she is, but also because I work out of town they want to tell my sister how to run things with my kids and if not then she is going to dhs. And I don't think that is right, the kids are most happy with my sister and I feel they will try to take the kids from me. I want to know what my rights are and how much rights the grandparents have. Also this past weekend my youngest was with them on Friday and their mother came by the grandparents house to pick up some clothes and my sister called over there and the grandfather answered and said that the kids mother was there wanting to take the youngest and my sister told him not to let her take the child and the grandfather said in a real ugly way that there was nothing me or my sister could do cause she had coustdy of the kids, so once again they sided with her. I need some advice please

The real issue here is not custody, but visitation. You need to go back to court and petition for a change in the visitation agreement to enforce supervised visitation for the mother.

I doubt if you can get a change n custody, because custody is so muddled now. But if you feel the mother's druig habit reporesents a danger to the kids, you can get supervised visitation.

Quote:

Originally Posted by kristinesmith29

me and my wife has been divorced since september 2007 we got joint custody of our two girls one is 9 and the other is 3. On Febuary 29 2008 she dropped them off at my sisters for me to pick them up after work for my weekend visit with the kids. we didnt hear from her anymore for about 3 or 4 weeks. and she has not got them since. i work out of town and i live with my sister for now with the kids, my sister takes care of them while i work. she keeps my oldest daughter and puts her off to school and my youngest stays during the week with my x wifes grandparents because of my sister working during the week. The mother has seen the children but not very often, she got into drugs really bad, and when the few times she kept the kids, we were hearing later on that she didnt feed them. and she would only have them for 3 or 4 days. But her grandparents, keep defending her and has let her take the kids when they had them on a weekend or something, knowing how she is, but also because i work out of town they want to tell my sister how to run things with my kids and if not then she is going to dhs. And i dont think that is right, the kids are most happy with my sister and i feel they will try to take the kids from me. I want to know what my rights are and how much rights the grandparents have. also this past weekend my youngest was with them on friday and their mother came by the grandparents house to pick up some clothes and my sister called over there and the grandfather answered and said that the kids mother was there wanting to take the youngest and my sister told him not to let her take the child and the grandfather said in a real ugly way that there was nothing me or my sister could do cause she had coustdy of the kids, so once again they sided with her. I need some advice please

You have to go to the Court that gave your wife custody and move for a change of custody, citing exactly what you have posted.

The Court will "probably" speak to your children, possibly order evaluations of everyone, determine what is best for the children.

You are referring to your ex-wife's grandparents, right, not the grandparents of the children? Those rights vary from State to State. At the moment, because she has custody, your wife has the final say in who does or does not visit with the children.

If the children are in danger - you said the mother is on drugs - then you must ask for an emergency hearing.