How do I go about getting temporary guardianship or custody of a grandchild due in about 5 months?

Question

I am looking for a starting point for this situation. My 26 yr old daughter had a serious drug problem for about 3 years. We all have worked hard with her to straighten out this horrible problem, and it appeared this time, things were going pretty well. She is well educated and has a very nice fiance. She is now in a woman's correctional institute to complete time for a probation violation. She will be delivering her baby before she can try to parole out. We have discussed and agreed on her dad and I obtaining some kind of temporary custody of the baby until she gets out. The baby's dad will be fully involved in the care of the baby. Whatever way we go, it needs to be where it is not difficult to reverse custody back to my daughter when she gets out. Thank you for any help with this situation.

Where my daughter is right now allows a small "bonding" period right after the baby is born. Then after that, we will be able to bring the baby for "bonding" visits during the week. The facility has a special area for moms and babies. In answer to the question about wanting or not wanting my daughter to raise her baby...yes, most definitely I want her to raise her baby. In a way, I think this may be the answer to our prayers...my daughter has a new focus in life. She loves children...has 4 nieces & nephews that adore her. We just did not want anything to fall thru the cracks and end up having our little grandchild put in foster care. Thanks everyone for your help and your blessings. It means alot to me.

Answer 1

look in your yellow pages for your States BAR Association, they will give you a few attorneys that deal directly with this type of problem..and they WILL make sure that your taken care of and so is the baby..
please do this..
thank you

have a good day
smile
and God Bless

Answer 2

Contact the state child protection agency in the state in which your daughter is incarcerated. Since the baby has committed no crime, he or she will not stay in prison with your daughter. As a result, your daughter will be unable to care for the baby and the baby will be declared dependent. The Juvenile Court in the County where the prison is located can order custody to the grandparents when a child is dependent, and the child protection agency will petition to arrange this, especially if the father agrees.

Answer 3

I came from a similar background, and my grandparents raised me. You can pretty much have what you want as far as how long you have the child in your care written in the papers. It should not be hard at all. She probably will be visited by social workers to make sure the baby is well taken care of depending on your area, but i hoe things work out and good luck to you, your daughter, and you new grandchild.

Answer 4

I am sure that your daughter needs to just sign over temporary custody and have it notarized. I don;t know how you do that in jail. But I am sure there is someone there who could help her with that also contact the department of children and family service or whatever child agency in your state and ask them the procedure since it will vary.

Since the child is not in dcfs or the state yet it should be some form of arrangement like you have worked out. But if you are looking to receive financial help you would probably need to contact the agencies above

Answer 5

Fortunately, there are Grandparents rights in most states. As far as the state is concerned your daughter is an unfit parent.
Your daughter will lose custody of the baby unless a family member steps in to claim custody of her/him. You are going to have to get an attorney to handle this case for you and you will have to file for full custody of the baby. I am sorry but no court will ever give your daughter custodial rights to her baby. If a court ever decides to do so it will take a number of sober years , parenting classes as well as proof she can provide a stable home environment.
I am so sorry you have to go through this type of case not only for you and your husband but for the baby as well.
May God Bless you and my prayers will be with you all.

Answer 6

Do you not want her to keep the baby? Some states incl. NY & NC allow the baby to stay in prenatal nursery up to 18 months.
If you want to keep baby, have father go with you to social services & request temporary custody as Grandmother, it will proably require the mother's signature. If not the baby in some states end up in the foster care program & it can be hard to get them out.

It should be relatively easy to do. If you have problems go to a legal aid firm. Good luck & my prayers are with you.

Answer 7

I am not sure about this, but you could maybe consider getting guardianship over the child. I am not sure about temperary custody in five months. It could be as simple as getting her to sign a paper stating that the baby will be in your care until further notice. Then you can get the paper notorized, which is simple and fast. Check it out. It work for me, but the child I had was 13.

Answer 8

Go for permanent guardianship. Forget about your daughters feelings and focus on the safety of the child(ren). You can always allow your daughter to raise her children if you so desire , but; you can't go halfways in these matters. The court won't like it. Get sole custody and list her as your benificiary of the children should you and your husband pass away. The objective here is to protect the grand child at all costs.

Answer 9

If the father and mother of the child are agreeable, it's a simple matter to take over the care of the baby. If they are not, you'll need an attorney.

Answer 10

I don't know the answer to your question but just wanted to wish you good luck. God Bless.