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DCFS False Claim

Mother_of_four's picture
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So the summary of the family....Birth mother deceased and kids now live with their birth father. birth mother's father/step-grandma are crazy(. There has been some issues over the years Grandparents do not like the father and the feel is mutual. Father has re-married and had 2 more kids. The step-mom has adopted his children from his first wife. Everything is going fine except issues with the first wife's parents.

They only ask for 1 weekend a month to see the kids and there has been things said to the kids during those visits. The last straw was the grandmother told the kids "Their mother would be pissed about them getting adopted" which resulted in very upset kids. This was something they were very excited about. To those kids they have 2 moms....a birth mom and now an adopted mom. When we attempted to discuss what was said a heated fight broke out and the grandparents were told no more unsupervised visits. They could come by to see the kids and call them. That happened 4 months ago and they have not come by or called them. They missed both kid's birthday and make no attempt to send a card or call to wish them a happy birthday. Now its christmas and they called to ask for the kids and were denided and told the same stuff previously so they have threat to take us to court for visitation.

I know there is grand-parents rights in Illinois and with the birth mother being deceased I think they could attempt to fight us.

4yrs ago they filed a false DCFS (We know 100% it was them) The Case worker recommended the father to request a copy and to ask that it stay on file. The worker felt that it was a personal attack on the father. If we go to court can we use that report to show how crazy they can be. It has crazy stuff in it (like reports of wife swapping and orgys at the childrens home. These claims were about his first marriage.....like I said crazy stuff)

mom2five's picture

Whether or not the report would be admissible at trial depends on several factors. An attorney in your state would know whether or not it would be admissible as well as whether or not it should be used.

If someone filed the report anonymously, it's not going to do you any good anyway. If you can't prove they are the ones that filed the report, it won't help you at all.

MamaBecky's picture

Was your husband and BM married before she passed away? I'm not sure about IL but in MI grandparents via the non custodial (or in your case deceased) only have access to grandparent visitation rights if there child and the CP were married of if it was stipulated in BM's will or whatever that her parents have visitation of her children.

Mother_of_four's picture

Yes they were married at the time of her death. And the report states after a football game the child said stuff to the person that reported it....The false claim was made the monday after a visit with the grandparents. Also the only people to ever take our kids to a local highschool football game was the grandparents....Plus after it happened they didn't call to ask for the kids for 3 months.