Legal Question in Family Law in Minnesota

i have been raising my grandson since he was born. My daughter passed away giving birth to him. he was taken away from me when he was 3 yrs old by CHIPS in Dakota County, Mn. The father has given up all his parental rights. I have done everything Chips recommended and then some. They still have not given him back to me. He is now 5 yrs. old. He has an older brother which is 7 now. Yes, my daughter is the mother of both. My question is..Why did Chips say i had no rights because i didn't have legal custody of my grandson? Shouldn't he have come to me "by rights" after he gave up his parental rights? I love my grandsons so very much. They are all i have left of my precious daughter. I was also told that Chips had no right to even take him the way they did. I was also told that my grandson was adopted. Shouldn't they have told me what the hell was going on with my grandson? I have many other things to tell you about this case, but i want to talk to someone. Please help me. I have tried everything possible. I will never give up trying to get my grandson.

Asked on 6/23/12, 5:14 am

1 Answer from Attorneys

Robert Kane Law Offices of Robert D. Kane, Jr.

Unfortunately, custody of a chld doesn't automatically shift to a grandparent "by rights." I would think that child protection services would want the child to go to a family member, such as a grandparent, before going to foster care or being adopted. You state that you have tried everything, but have you tried hiring an attorney?

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Answered on 6/26/12, 7:42 am

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