We are in the process of terminating parental rights on my daughter and her husband (who are separated), so that we can adopt my granddaughter who has lived with us for 2+ years. The problem is that I am finding it necessary to file for a Temporary Restraining Order to prevent my daughter from removing the child from our home in the interim. The forms I am using (from the law library) mention a "temporary injunction/writ of injunction". Most of these forms are geared towards a divorce situation, where they're trying to keep someone from selling property, etc. My question is "if all I'm doing is trying to keep the child in our home", do I need to include the clauses for a Temporary Injunction (there is no property involved) in my paperwork?

Why would you terminate a child's relationship to his/her parents? It doesn't matter how long you claim the child lives with you, are you not close with your daughter? Do you not think restricting a child from his/her parent for ANY reason wouldn't be traumatizing, parental rights being terminated is a family law death sentence. Surely there is another route, to include supervised visitation if your daughter TRULY IS A DANGER... otherwise, I question your motives and reasons, after all, you raised your daughter, yes? If she is unfit, maybe you weren't the best mother yourself. Just a thought for the kids.

I really don't owe anyone an explanation, but here it is anyway. We are doing this to protect the child. The mother has had little or no contact with this child and the child does not know her as "Mommy". This was the mother's choice, not ours. She is in a very unstable living condition most of the time and suffers from severe depression, explosive angry outbursts and is generally unstable. We have tried for years to get her help, to help her, etc. and nothing makes any difference. And I've long ago gotten over the feeling that "she wasn't raised right". She also has an 11 year old son by a previous marriage who lives with his father and who she does not maintain contact with, support or exercise her visitation rights. My husband is retired, disabled and the only way we can guarantee my financial ability to raise this child if something happens to my husband - is by adopting her. While it tears my heart out to do "this" to my daughter, there is an innocent child that needs to be protected and if I can't help my daughter, maybe I can guarantee my granddaughter what she deserves in this life. I hope this helps you understand.

"4thekids" <legaleyez@hope4kidz.org> wrote in message
news:4thekids.1ugtl5@laborlawtalk.com... Why would you terminate a child's relationship to his/her parents? It doesn't matter how long you claim the child lives with you, are you not close with your daughter? Do you not think restricting a child from his/her parent for ANY reason wouldn't be traumatizing, parental rights being terminated is a family law death sentence. Surely there is another route, to include supervised visitation if your daughter TRULY IS A DANGER... otherwise, I question your motives and reasons, after all, you raised your daughter, yes? If she is unfit, maybe you weren't the best mother yourself. Just a thought for the kids. -- 4thekids

Slag off womb crawling breeder.

Marley


------------------------------------------------------------------------

"pmwatts" <pmwatts13@hotmail.com> wrote in message
news:pmwatts.1ugt1m@laborlawtalk.com... We are in the process of terminating parental rights on my daughter and her husband (who are separated), so that we can adopt my granddaughter who has lived with us for 2+ years. The problem is that I am finding it necessary to file for a Temporary Restraining Order to prevent my daughter from removing the child from our home in the interim. The forms I am using (from the law library) mention a "temporary injunction/writ of injunction". Most of these forms are geared towards a divorce situation, where they're trying to keep someone from selling property, etc. My question is "if all I'm doing is trying to keep the child in our home", do I need to include the clauses for a Temporary Injunction (there is no property involved) in my paperwork? -- pmwatts

I'm not a lawyer, but I support pro se work up to a point. ( I once assised
in a pro se death penalty case). That said, capital murder cases are a
breeze next to Family Court, the snake pit of the law. I'd not be fooling
with with forms from the law library, but be hiring a lawyer instead to do
it right. Filing TROs and TPRs against your own daughter sounds like a
last-ditch effort to save a very bad situation (unlike what your critic has
to say). Not all people are fit to be parents for whatever reason.
Unfortunately, many of those people love the idea of breeding and never
think of what happens afterwards.

Marley

Thanks for the support. The reason we haven't hired a lawyer is - you guessed it - the cost. I used to work for attorneys, so have some knowledge on drafting papers and I'm pretty good at research. I even did the papers for my daughter's first divorce, with no problems. This is a little more difficult, and so far the only place I've gotten stuck is this injunction thing. Anyway - I appreciate your thoughts.

"pmwatts" <pmwatts13@hotmail.com> wrote in message
news:pmwatts.1ugt1m@laborlawtalk.com... We are in the process of terminating parental rights on my daughter and her husband (who are separated), so that we can adopt my granddaughter who has lived with us for 2+ years. The problem is that I am finding it necessary to file for a Temporary Restraining Order to prevent my daughter from removing the child from our home in the interim. The forms I am using (from the law library) mention a "temporary injunction/writ of injunction". Most of these forms are geared towards a divorce situation, where they're trying to keep someone from selling property, etc. My question is "if all I'm doing is trying to keep the child in our home", do I need to include the clauses for a Temporary Injunction (there is no property involved) in my paperwork?

Call an attorney who is a specialist in this area. If you cannot afford one
due to lack of income, perhaps your probate court can recommend one or put
you in touch with your local Child Protection Services.

The problem with forms downloaded from the Internet, gotten from a library
or purchase from your local office supply store is they can be out-dated
before the hit the shelves. Such a delicate matter should not be left in
the hands of the inexperienced, regardless of the fact you may have worked
in a lawyer's office.

Good luck.
(the)duckster

"4thekids" <legaleyez@hope4kidz.org> wrote in message
news:4thekids.1ugtl5@laborlawtalk.com...

Slag off womb crawling breeder.

Marley

Wow Marley how judgmental (and WRONG) you are towards me when I'm simply playing "devils advocate" for the kids - perhaps while you were busy playing with criminals in death penalty cases, you forgot to realise how those people became criminals in the first place - many of them from broken homes, and from having situations that were unfortunate. I have seen too many "concerned grandparents" who are angry at their children for not becoming everything they'd wanted, so they think by taking their children from them, they can exact revenge and get a second chance at the same time. There is nothing wrong with questioning the motives in a legal case - in fact - its one of the first things you do if you are worth anything.
Oh, and by the way - I have two beautiful children and I voluntarily got a tubal so I wouldn't have anymore. A little quick there Marley jumping to conclusions, I certainly agree with you to hire an attorney... so, tell me Marley, did they get the chair or what?

"4thekids" <legaleyez@hope4kidz.org> wrote in message
news:4thekids.1uhxqd@laborlawtalk.com... Marley Greiner Wrote: "4thekids" <legaleyez@hope4kidz.org> wrote in message news:4thekids.1ugtl5@laborlawtalk.com... Slag off womb crawling breeder. Marley Wow Marley how judgmental (and WRONG) you are towards me when I'm simply playing "devils advocate" for the kids -

That is he only advocate children have. The devil.

perhaps while you were busy playing with criminals in death penalty cases, you forgot to realise how those people became criminals in the first place - many of them from broken homes, and from having situations that were unfortunate.

Some yes; others no. I worked with prisoners for years Some come from
great homes.


I have seen too many "concerned grandparents" who are angry at their children for not becoming everything they'd wanted, so they think by taking their children from them, they can exact revenge and get a second chance at the same time. There is nothing wrong with questioning the motives in a legal case - in fact - its one of the first things you do if you are worth anything.

Well, trying to take your kid's kids away is not a step most people take
just because they didn't turn out like they wanted them, too.
Oh, and by the way - I have two beautiful children and I voluntarily got a tubal so I wouldn't have anymore. A little quick there Marley jumping to conclusions, I certainly agree with you to hire an attorney... so, tell me Marley, did they get the chair or what?

Hell no! This was a retrial that went pro se. After the first trial the
***'t prosecutor resigned over what he called a railroading of the
defendant. We were acquitted on retrials after a 6-week trial and a 2-day
jury deliberation. The county nearly went bankrupt over the cost.

Marley -- 4thekids ------------------------------------------------------------------------ 4thekids's Profile: http://www.laborlawtalk.com/member.php?userid=34740 View this thread: http://www.laborlawtalk.com/showthread.php?t=76194

In article <pmwatts.1uguvd@laborlawtalk.com>,
pmwatts <pmwatts13@hotmail.com> wrote:
Thanks for the support. The reason we haven't hired a lawyer is - you guessed it - the cost. I used to work for attorneys, so have some knowledge on drafting papers and I'm pretty good at research. I even did the papers for my daughter's first divorce, with no problems. This is a little more difficult, and so far the only place I've gotten stuck is this injunction thing. Anyway - I appreciate your thoughts.



However much a lawyer costs now, if a mistake is made and this whole
proceeding is botched it's going to cost far more later. Not to mention
the cost in time and anguish.

I'd strongly suggest you find an experienced lawyer and work out a
financial arrangement. Unless you're way in the boonies, there has to be
a lawyer who will help.




steve

In article <4thekids.1uhxqd@laborlawtalk.com>,
4thekids <legaleyez@hope4kidz.org> wrote:
Marley Greiner Wrote: "4thekids" <legaleyez@hope4kidz.org> wrote in message news:4thekids.1ugtl5@laborlawtalk.com... Slag off womb crawling breeder. Marley Wow Marley how judgmental (and WRONG) you are towards me when I'm simply playing "devils advocate" for the kids - perhaps while you werebusy playing with criminals in death penalty cases, you forgot to realise how those people became criminals in the first place - many of them from broken homes, and from having situations that were unfortunate. I have seen too many "concerned grandparents" who are angry at their children for not becoming everything they'd wanted, so they think by taking their children from them, they can exact revenge and get a second chance at the same time. There is nothing wrong with questioning the motives in a legal case - in fact - its one of the first things you do if you are worth anything. Oh, and by the way - I have two beautiful children and I voluntarily got a tubal so I wouldn't have anymore. A little quick there Marley jumping to conclusions, I certainly agree with you to hire an attorney... so, tell me Marley, did they get the chair or what?


Okay, so perhaps you're not a womb-crawling breeder.

Now slag off. Cretin.






steve

In article <pmwatts.1ugu3t@laborlawtalk.com>,
pmwatts <pmwatts13@hotmail.com> wrote:
I hope this helps you understand.



Yep, we do. Sounds to me like you're doing the right thing.

But get a lawyer.





steve

My suggestion is to file for legal guardianship and not for termination of parental rights because the situation does not sound like you should be filing to terminate parental rights. A divorce or separation does not necessarily mean abandonment and nothing you said indicates abandonment by the parents. You may be overstepping your bounds as a grandparent to seek termination of parental rights under the circumstances.

If you have raised the child since she was 6 months old (she is now 2 1/2)and provided all her emotional and financial support as well as the only home she knows - how can that be overstepping. The mother presently has not seen her for 3 months, and before that it was a 3 month interval. I don't see how wanting to protect an innocent child is overstepping bounds - whose bounds. The mother who can't be bothered with her daughter or the father who hasn't seen her since she was 3 mths old?

I am a family law specialist in Alvin, Texas, just south of Houston. I have no idea where you are in Texas. Send me a private message, and let me try to help you find a family law specialist in your area who can help you. Lots of us will take payment plans, and lots of us will get started quicker when kids are in danger than for lots of other things.

Sharon Middleton