I am a grandparent awarded custody with visitation given to mother. The mother hasn't seen this child in 9 weeks. She just gave birth to another little boy. I received custody via CPS and the District Attorney's office. The biological grandmother was given visitation but she hasn't seen the little boy since July of 08. Is there some way that this can be considered abandonment by mother and biological grandmother. Is there anyway I can sue for full custody?

Hi, Caliocat!

Greetings and WELCOME to the site! I just moved your question that you had posted in Introductions to this forum topic area so that it would get the most exposure to those who are best able to answer it. Introductions is for people to introduce themselves and we try to not ask questions there.

It can be a little confusing when first learning how to use this site! Your question will get noticed much more in this forum area.

We would appreciate it if you would return to Introductions sometime to tell us a little about yourself though, if you would be willing to do that.

Thanks!

As a mother of FOUR beautiful babies, I can't understand the total disregard of some mothers.:mad: I had lost full custody of my children for 6 months and it was almost unbearable for me. I had one day a week available for visits and due to their schedule it was only for an hour at first but I kept taking him to court to demand that they get their schedule freed up to extend their visit with me. I WON!! I have full custody of them now.
Sorry, I couldn't answer your question. You should ask the CPS worker, they should be able to answer that question. I think they keep track of her visits. The next time the kids go to court with CPS, the neglegece will come up and that would be prime time to request custody.

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Originally Posted by Caliocat

I am a grandparent awared custody with visitation given to mother. The mother hasn't seen this child in 9 weeks. She just gave birth to another little boy. I received custody via CPS and the District Attorney's office. The biological grandmother was given visitation but she hasn't seen the little boy since July of 08. Is there some way that this can be considered abandonment by mother and biological grandmother. Is there anyway I can sue for full custody?

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You wouldn't sue for custody. You would go to Court and request full custody. If they ask for visitation, they would appear and the Judge will evaluate the matter, deciding what is in the best all around interest of the child.

I am a little confused, though. It appears you already have full physical custody. Are you attempting to keep them from having visitation?

But, no, it's not abandonment.

This is an often misunderstood issue. This issue is discussed in many threads in the Family Law forum where this was moved to. When first using a site like this, it pays to browse around a bit to see how the site is used. Often you can find the answer to your question already posted.

Child Abandonment is a criminal charge wherein a child is left without any supervision. That is clearly not the case here. Abandonment MAY be used as grounds for a change in custody, visitation or termination of rights. But I see no sufficient grounds for that either.

Judy's question is pertinent here. It would appear you already have full physical custody. If the mother is not exercising her visitation rights then why do you need to do anything more?

If you goal is to end visitation or terminate rights, that's an unlikely prospect. Courts are very reluctant to do either.

I am concerned about one point. You state that you were awarded custody via CPS and the DA. Do you have a court order signed by a judge to that effect? Generally such has to be signed off by a judge.