Well my story starts like this. I am a grandmother of a beautiful healthy baby boy. He is two almost three years old now and I have been fighting for him the last year of his life. You see, back on March 7th, 2010 my daughters ex-boyfriend (baby's daddy) came by to pick up his son from my house. (The boy had been living with me since the previous August because my daughter had been incarcerated). When the father did not return the child on the 11th as was planned, I called him to find out why. He said that the baby was at his brothers house to spend the night.
Well I did not make a big stink about the whole thing as his brother did not get to see the boy very often and the child needed to get to know his younger cousin. I told the father that I would call the brothers in the morning to arrange for us to pick up the child. After searching everywhere for the number I realized I no longer had it so I called the father back up the next morning to get it from him.
That is when I found out.... Oh my Lord, what that man told me was probably the worse thing I had ever heard in my life. He said " He is not at my brothers. CPS has him and I made sure you were never going to see him again." A flood of emotion swept over me, from anger to something as close to death as I can immagine from heart break. What had he done? What could he have done? Why would he do something like this?
I was under the impression that he had called CPS himself. I was later to find out that that was not the case but none the less CPS did have my grandson.
I would like to pause the story here and give you a little background information. First my daughter. My daughter is in prison. She would tell you a different story but looking from the outside I saw a lot better then she did. My daughter is in prison because of CPS's intervention in her life 9 months earlier and the "forced" volunterary adoption of her newborn daughter and the mental breakdown she had because of their interfearance with her raising her son.But that is another story entirley. Sufice to say she will be in prison till 2012 and no hope of getting a court to not remove her parental rights.
The father has a history of domestic violence against my daughter and infront of the child everytime. He also has a history of drug use, which is why, as I found out later, he did what he did. You see the father had, unbeknownst to me, been having bouts of parinoid delisions. All of this came to a head in Feburary when my daughter was sentenced. Of all things I could say about that man I have to say that regardless of the abuse on the mother he loved the son.
It was not 4 days after she was setenced that his new live in girlfriend and he were fighting. He decided to call the police, and in his infinante wisdom proceed to tell the officer that he suspected his girlfriend of sexually molesting his son. So it was no supprise that when the police called a few weeks later and she answered the phone they made a report to CPS.
Now as it happens he had the child both times. This was very unusual as it was hard enough to get him to visit one day with his son let alone two weekends within one month but.... Well, he did not realize that it was his own stupidity that landed him with a visit from CPS, instead he thought it was us. So in his own way he was going to get even with us. During his interview with the case manager he let us have it.
He told them that we were using him to steal stuff from the store, using him as a "feedgate" with witch to get state aid, (none of which is true) and oh yea we put microphones in his ears so we could spy on his parenting skills. I swear this is a true and honest statement he made and I swear that I had no Idea that that was what was going on in the man's head. For that reason alone I can thank CPS for their intervention. God only knows what could have happened.
But, now they wont give him back to me. You may ask why and well I will tell you, but be aware there is always two sides to every story and CPS is rarely on the right side of it.
You see I demanded my grandson back the day I was told CPS had them. My daughter signed a power of attorney while she was in coustody and it would have been in effect for another three months. We were going to file for guardianship after she got setenced (we were hoping she would just get probation). Well needless to say we did not get the chance. CPS took custody of him 35 days later. When I demanded his return I was told that would not be possible because
1. Grandparents have no rights in Arizona (very true I was to find out later) and
2. I had a previous CPS case history (this is where the lawyers all bowed out gracefully to leave me to fight alone).
Not only did my son age out of CPS he did so 1 day after my grandson came to live with me when my daughter got arrested. Yes, a recent CPS case history. ( and there went the rest of the lawyers in a brisk run now, and just about anyone else who I even dreamed could help me.)
But, here is what no one would hear. My son was nearly 17 when he entered CPS custody. You see, rather than file for emancipation like he should have, my son and his girlfriend cooked up this story so that her parents would feel sorry for him and let him move into their house. Now of coures when my 16 almost 17 year old son came to me and asked if he could move in with his barely 16 year old girlfriend my first and only response was Over my dead body, and I did not care how much supervision her parents offered.
Well lets just say that he/they did not like that answer so they told their little story to anyone who would listen. They found a sympathitic ear in a substitute teacher. It had to be because his regular teachers knew me and knew better than what they were saying.
Their little plan was to get her parents to take guardianship and they figured if they recruited the help of a teacher that her parents would feel more comfortable. Well they were right her parents filed for emergency guardianship.
The judge denied them and apointed an ad litem for my son. The Ad Litem filed the dependency, which in Arizona is an open inventation for CPS.
I was hurt and shocked and in shock by the accuasations being thrown my way. I was not offered reunification services at all. In fact my son's father, whom he had not seen but 3 times in 17 years, was offered family services instead of me.
Well like an idiot I stipulated to the dependency on a guardianship case plan. The substitute teacher was going to take guardianship, and she did for three months. At which time she returned my son to CPS. Now, I did not learn of this for three months after that. The teacher was not answering my calls and of course CPS wouldn't.
It was my son calling my mother and telling her he was in a boys home that let me know the situatuion. I had no Idea I still had a lawyer or I would have gotten him out of there. This was a good boy who got led astray by a pretty pair of eyes, not some deliquent needing a boys home.
But I could not afford a lawyer now to get him out and like I said I did not know I still had the same lawyer. He did not inform me of any change and I had not moved, although I did not have a phone anymore. Well at any rate, my son aged out of cps 11 months after entering into custody.
However, I would like to point out that my daughter is the only one of all of my 9 childern and step childern that turned to the dark side, the rest all turned out fine. Including my son, my baby.
He graduated 4th in his high school class, was in the junior national honor society and then in high school national honor society. That is why none of his regular teachers would listen to him, they knew better. I was the soccar mom. I spent alot of time with my kids, with school, with after school activities, everything. So when my son came up to them they could not belive what they were hearing.
You do not raise honor students by abusing them you do it by nuturing them and loveing them and supporting them.
Ok, now lets flash forward 7 months. CPS has my grandson and because of a 17 year olds temper tantrum and my inactions regarding it, they are not going to give him back. Well I refused to lay down on this one. They had no right to take him. Didn't stop them though.
I filed a motion to intervene after calling every family lawyer in phoenix and the surrounding areas (it took me 3 days to call them all and have them say sorry can't help you) Even my daughters lawyer told me that there was no way in hell a judge especally this one was going to give him to me.
But you see, I know their is a God and I know that He would not let such an injustice be served on an innocent little boy. I have never hurt a child in my life. Besides, I have been the one constant in that poor childs life. With mom bouncing all over the place and dad who knows where I was there everyday for him. I have always been and will always be here for him.
Well the judge granted my motion to intervene. With that was my statement of facts and the facts surrounding my son's case. I also included a letter from three of my neighbors stating that the child lived with me and three references stating how I was with my grandson. I included, as well, the power of attorney my daughter signed.
Next, I filed for change of physical custody. Come my hearing date, I was ready. I had all my laws written out, all my arguements for every possible point they could come up with. My Mom was there, my son, and the father's dad all there to speak on my behalf if I so desired. The DA said his peace refeering to me as That Woman the entire time, but that wasnt' going to shake me.
When he was done I requested permission to speak. Yea, like I shouldn't have a chance, and in fact gone first. Oh well, the judge granted me permission and said, Yes, please I was supprised you did not mention you previous case history in your motion. What!! I thought to my self. That was almost all of what I covered to get into this little party of yours it was covered in my Motion to Intervene.
I told the judge that that was covered in my previous motion and all he could do was shrug his sholders. Well as his sholders fell from that shrug so did all the thoughts in my head. I was ready for my 15 minutes with the judges full attention and what I got was nothing . But that was my fault I could not recover from the discovery that the judge read nothing of my paperworks submitted. Of course I still kick myself for it my chance to explain my side flushed down the drain. Damn Damn Damn.
Well needless to say I filed a motion to reconcider that was denied. Now all this time my husband has not been able to see his grandson. CPS has graciously allowed me to see him but not my husband. Why you ask? Because he has a 10 year old felony conviction for treaspassing thats it nothing else there just treaspassing. Is that stupid or what. That was all I could think of to say during court that day too, was can he please join me on visitations. To this the judge responded that "he was sure CPS would reconcider" which of coures they have not.
Where was I, Oh yes denied my motion to reconcider. Fine so be it. I decided to inendate them with paper work. Every time they changed something in his case I filed for custody. And in the mean time I would file motions to compel documents( concidering I never seem to get any any other way). I File supeonas for witnesses to support the current custody motions. Requests for visitations based on case changes. Well you get the idea. But now it is november and in january they plan on moving him to another state. I get one last shot at it before they transfer him. I am thinking about a stay but I have not come up with a good enough reason.
All I know is if they were concerned about me not fighting for my son they should have no worries with my grandson. I have shown that CPS's complaints against me are unfounded if all they can come up with is my past case. Where is their evidence on this child and I. I have seen none but that does not matter here. From what I have seen, the rules of civil court procedure do not apply here. I feel violated and refused justice, all the while my grandson, a once happy little boy, is becomming devoid of any emotion whatsoever.
I hope they know I will stop fighting for him when I am dead, or I get him back or my daugher gets out and gets him back. I have long since given up hope for a lawyer to come to our rescue. But I sure wish I could get some advice from one or two once in a while.
Well Thats my story in the short form he he he.
Still Fighting in Phoenix
(in the monkey court)
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