What does it take for a grandmother in Alabama to get custody of child?

Question

Ok, maybe I can disclose this in a way that can offer me appropriate information. I have had my grandson for 2 years. He is 3. We lived in Texas but have lived in Alabama for 6 months. I have had a Power of Attorney over him since May 06 and I want to petition for custody as my daughter threatens me to come get him. However, she has no place to live, is on drugs, has several warrants and has already been in trouble with Child Protective Services when she had him. I want to get him because he has a stable life with me and I am starting to worry about the threats. She doesn't visit him nor does she help pay for anything for him. She gets child support but I see nothing. I feel it is only fair to him that I try to get him. He is only 3 but says all the time he doesn't want to go to mommy's and I am at my wits end on what to do at this point.

Answer 1

I live in Alabama and worked until 3 months ago as a Child Abuse and Neglect Investigator for CPS. It is imperative that you retain an attorney. The sad fact is that in this state as well in most others, a parents right supercedes any other right to the child. If your daughter wanted to come and take your grandson, by all legal right she can, even with the power of attorney.

It has been my experience that she will make her threats but leave you alone as long as she recieves the child support. However, it is the child that has rights to that support not her. The Department of Human Resources can redirect the payment from her to you. You need to call to make an appointment. Bring the power of attorney, medicaid card of the child and any other documentation you have such as birth certificate concerning your grandson. At that time they may also direct you to the Child Protective Service so that you can open a case. This would just be additional documentation for your attorney and for the case workers in that area to be familiar with you and your grandson in case your daughter does come.

Your attorney will ask for any and all documentation concerning your daughter but he will also ask for the father's name. Since there is child support being received the father will also have rights to the child.

Once it is set for hearing the judge will order an ICP done on your home. This is where a social worker will come to the home and ask every question under the sun, from income, any divorces gone through, past criminal history, etc. It has been my experience that once the process starts it can take anywhere from nine months to two years. The judicial system is slow.

I wish you much luck with this. Children need a voice and when their parents won't be that for them then I think it is wonderful that someone else will. May God bless you and your grandson.

Answer 2

You must consult an attorney who specializes in family matters. You mention that you have Power of Attorney but I believe you have a very good chance to petition family court to get legal custody of your grandchild due to the fact of your daughter's cotinued instability and drug dependancy. Also she cannot offer him a stable home and family life. But,if you have not hired one yet, you certainly need a good attorney with a good reputation in family matters to get you through this matter plus you must keep in constant contact with Child Protective Services advising them of your daughter's behavior and threats. You should definitely be assigned a case worker by CPS. Let them know that she is threatening to take him away from the only home he has ever known and you feel it would be detrimental to the child's welfare. A child's welfare is at stake here and I really do wish you well in this very important matter. May the Lord give you the strength and guidance to make the right decisions to keep this child.

Answer 3

I wish you all of the Best. It sounds like you just need a good Family lawyer/ but one who specializes in Adoption Laws, but it doesn't sound like you will have too much trouble with winning custody. especially since you already have custody.Just one question though, Does your Power of Attorney only apply in Texas where you lived before or is there no stipulations in it at all about relocating to another state. Be sure to look at it good, cause I ran into that situation with a friend of mine. Her daughter who was the custodial parent in Ohio, took her and her exs daughter to Texas when her husband went in the Service and she didn't have the legal right to take the child out of state, and the Dad went to Texas to get her and was able to do so legally and then the child went to live with him. Be Careful!

Answer 4

First of all you should be getting the child support payments,not her.That is the first thing I would do.Go to court and get a petition to obtain child support from the father of the baby.That money is for the child,not for your daughter.You have Power of Attorney of your grandson and you have every legal right to petition the court for the child support payments.Go to Child Protective Services and tell them you would like to apply for full term custody of your grandson.Lay out your reasons and any documentation you have in your favour.If possible get a restraining order on your daughter.Grandparents do have rights.I live in Canada and right now I am trying to get full term custody of my granddaughter.Right now I have interm custody until the case goes to court and she is not allowed within 500 feet of me or my granddaughter.I also applied for and receive child support from the child's father.Good luck and I hope everything works for you and your grandson.From a fellow gramma

Answer 5

Based on your daughter's history, the amount of time your grand child has been with you and the outlook on your daughter's future with warrants out for her arrest, getting custody of this poor child is going to be rather easy honey. And you aren't going to have to get a ton of lawyers involved either. This is something you can do yourself....I should know, I have helped many a grandparents do this. Just follow these steps EXACTLY as I write them.

1. Go to your state's website, find your county, and click on down loadable forms.

2. Download the form for "Order to show cause", "child custody", or "Child Placement" (each state may use a different term). Order to show cause is the best one to use.

3. Fill it out....be very detailed, even if you need to attach another sheet of paper, along with your daughter's arrest record and bad history. The more proof you have to show cause why this child should be with you, the better.

4. Then take it down to a notary (they have them at every bank...there is no charge for this), and have that form notorized.

5. Take and make four copies of everything you have.

6. Go down to your county courthouse, search out the clerk of courts office and file the paperwork.
(A) There will be a fee $50 - $80, the clerk will give you a
court date, take one copy for court records, stamp them
and hand you back three.

7. Take two of those copies to your local sheriff's department and tell them you need to have your daughter served.
(A) There will be a small fee usually $25, and you will have to
know alot of information on your daughter. Her physical
description, the kind of car she drives, license plate #,
and where she works and lives. The more info, the
easier it is to serve her.
(B) Make sure you do this at least two weeks prior to the court
date to ensure they have enough time to serve her.
(C) After she is served, the sheriff will return to you a stamped
copy of the paperwork you gave them as proof of service.

8. Take the paperwork from the sheriff's office, your copy of the paperwork and any other information you believe to be of great interest to the case to court on the date you were given.

After all this, it will be up to your daughter to defend herself on why it is not in the best interest of this child to live with you. Based on what you claim she is, and me having a lengthy background in social work, I cannot see any reason why a judge would not grant you custody....if even on a temporary basis until they get a social worker appointed and a guardian adlitem (Child's attorney) appointed to do further investigation on the situation.

I see this alot honey, and it's more common than you think. Alot of times grandparents don't feel they have the right to do this...just keep telling yourself that this little child deserves a normal life and until "mom" grows up and gets her priorities straight, this is where that baby needs to be.

You already have the right frame of mind and your heart is undoubtedly in the right place...all you have left to do is the paperwork.

I wish you and that little baby the strength of God hon. The paperwork is the easy part....dealing with your daughter is going to be the hard part.

***I just looked up Alabama's Social Services record and it doesn't appear to be that good. they are over-logged on cases. I know alot of people suggested to go that route, but save yourself the headache and skip it. Social services should have intervened in this case a long time ago, there is no reason to continue to pursue something she is already running from...it's documented already and will be discovered if you mention it in your "Order to Show Cause".

Answer 6

Take it to court. I am unsure of how each state handles its custody laws regarding grandparents, but usually if you can provide proof that the parent(s) are unfit, and there is enough proof that the child is developing well in your home, then I would think that the court would grant you custody. The fact that you have had him most of his life, honestly, should be enough. My grandma, God bless her, is raising a third generation of kids in her home (she raised her kids, then her oldest daughter's children, and now is raising one of their babies). Sadly, only me and one other cousin have custody of our children (out of 6 of us that are grown)

Answer 7

Get a lawyer or go to family court and file for custody - you have him, you have been caring for him most of his life and her history is bad - it shouldnt be a problem.
Just go to family court and fill out the petition - get an attny if you can or ask for family court to supply you w one if you cant afford it.

Answer 8

Got a good job? Get the best attorney money can buy and get that child some security and stability.

Answer 9

get a lawyer... there are Legal Aid places that will help you.. get custody and the child support

Answer 10

Shotgun, you are in Alabama you know.