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prhthompson · Apr 5, 2011, 07:36 AM

My son and his girlfriend have 2 children ages 7 & 4. They lived together for appox. 7 years before they split up last year. The oldest child came and lived with me and went to Kindgarten. He missed his mom and his brothers (there is also an older child by someone else) so he went back to live with his mom. The mom has been arrested and will serve time. DSS had been called into investigate (before the arrest) and my son and I were unaware of their involvement until the arrest. DSS has allowed the children to stay with her adoptive parents. My concern is that DSS has made no attempt to investigate my husband and I nor my son as guardians of the children. His name is on both birth certificates and has never denied that he was there father. I would glady take both children but I do not know what my rights are nor what my next step should be?

AK lawyer · Apr 5, 2011, 07:43 AM

Why is DSS ignoring your son and you? He needs to assertively seek custody of his children. Parents, such as your son, generally have a much stronger claim to child custody than grandparents. But in any event you and your son need to be pounding on the DSS door so that they are fully aware that the childrens' father exists and wants them.

I suspect that they placed the children with the maternal grandparents because they were there when the mother got in trouble. They probably didn't volunteer that the father and his parents are in the picture.

prhthompson · Apr 5, 2011, 07:57 AM

We live in NC and the children reside in SC. We actually went to the DSS office the day after the arrest and were told that they had 45 days to investigate and if they could not make a decision, then they would file for a 15 day exstension. They had already gone into the school and spoke with the oldest child. They did not have any record of my sons information nor mine in their file. They flat out told me that the mother had 99% rights and the father had only 1% and the mother "transfered" her rights to her parents.

AK lawyer · Apr 5, 2011, 08:59 AM

Originally Posted by prhthompson

... They flat out told me that the mother had 99% rights and the father had only 1% and the mother "transfered" her rights to her parents.

Looks like you have some absolutely ignorant social workers to contend with. Unless there is a custody order to that effect, what they told you is flat-out wrong.

You need to find an attorney licensed to practice in South Carolina and seek custody in behalf of your son.