What is a bench trail and how do we fight to get our grand kids back from foster care?

Question

We are the guardian for three of our grandchildren and while the parents were watching the children they got into a fight so now the protective service people took the kids away form us.We had the right to let the parents watch the children unsupervised at the time. They also put charges on my husband for failure to protect and his name is in the Central Register's. We really want the kids back but don't know how to fight them is there any one out there that know how we can do this.We are scarred to owe a lot of money and have the system win and they keep our grandchildren.We know already the parents won't be able to get them back and we don't want to loose them in foster care.Any information in this area of law would be appreciated greatly for our grandchildren sake to keep them in the family and our of foster care. Thank you for your ears!

Answer 1

A bench trial is one where you waive your right to a trial by a jury of your peers and the judge serves as the trier of facts!  In order to get your grand children back you should file a complaint for custody in the family court in the county where you live!

Answer 2

A bench trial is one in which you have to show up to. It will be investigating the living conditions and stuff of this matter. Bench trials have you on the bench a lot getting cross examined, hence it's called a

"bench trial." Best of luck

Answer 3

A bench trial is decided by a judge, as opposed to a jury trail that is decided by a group of your peers.

They call it a bench trial because that is the name of the desk the judge sits behind.

As far as specific information about this trial, it is hard to have an opinion without all the facts. I can tell you the judge will do whatever he feels is in the best interest of the children.

Answer 4

A bench trial in my jurisdiction is a trial in which the judge is the decision-maker.  You have either a bench trial or a jury trial in which the jury is the decision-maker.  

Family law, even child protective services law, varies from jurisdiction to jurisdiction. That is usually state to state.  This is a very specialized area of the law.  

Recognizing that you are scared of spending a lot of money without knowing that you will win your grandchildren back, you would be best served by getting competent legal advice from a lawyer who practices this kind of law.  In some places, Legal Aid has an attorney who is very knowledgeable.  Or a local law school has a family law clinic that may take a look at your case.  You might check if the court appointed an attorney for your grandchildren.  If yes, you might ask that person for help.

Your grandchildren are certainly in a tough situation.  I hope for them the best of all possibilities.