My aunt is going to try to get custody of her grandchild. She keeps her 99% of the time. And has proof that her mother is unfit.
2007-07-19 10:38:20 · 7 answers · asked by lazyboy_sp2004 2 in Family & Relationships ➔ Family
My parents took my sister's boyfriend's son...here's what I learned from it:
Well, the grandparent can't just "take the child". She'd report the unfit mother (or father) and her actions and then Child Protection would come and investigate the allegations. If it's proven that the mother is unfit, then the grandparent would come forward as wanting to have custody of the child. Normally, this would be granted as a "foster child" to the grandparent and the grandparents would have to go through some classes and complete a program to legally become his/her foster parents. They'd also have to make sure they have the correct provisions and environment for the child to stay in (his/her own room, clean, etc...) and they have to do some things like draw a fire exit map and post it by the doors.
If the grandparents are unwilling or unable to become the foster parents, the county usually will offer the child to other close relatives. If no one else from the family comes forward, then the child goes to a foster home with strangers.
Usually, the parent has "x" amount of months to turn their ways around, get therapy, attend parenting classes, etc... Then they get the kid back.
The county just gave his kid back after 6 months of my parents caring for him. He didn't care for him again after a few weeks, so my family stepped-in again. They were awarded another temporary foster care for another 6 months. After that, he did turn his life around and proved it (drug tests, job, supervised visits, etc...) and the kid didn't get taken away again.
So, it's really hard to get a kid removed from a parent permanently, but pretty easy to get temporary custody. I suppose you could, during the time of temporary custody, petition to the court for full, permanent custody if you can prove that it's in the child's best interest to never be with their parent in an unsupervised setting.
Check your local social services for local laws/methods. My family's experience was in MN. Maybe it would work to ask the mother (maybe with a therapist or mediator) to get some help and ask her to sign-over her rights to the child. ...Even if temporarily. Maybe she'd welcome the break to clean-up her act and it'd be a big relief for her.
2007-07-19 10:58:07 · answer #1 · answered by Angela H 4 · 0⤊ 0⤋
1
2016-05-08 03:26:34 · answer #2 · answered by Ronald 3 · 0⤊ 0⤋
Grandparents (or any family member) still have to go through the foster care/DHS/whatever service you have in your area for these things.
Otherwise, it's not official.
If a grandparent is the primary caregiver and has no problem proving the parent is unfit, it'll probably make the adoption easier.
But remember, the parent has to be declared unfit...which may entail letting the parent take parenting classes or do things to prove she's improved...then the grandparent has to legally adopt the child (which isn't just a matter of signing the child over.)
It might be easier...but it's not foolproof. And it's certainly not automatic. If the parent can be persuaded to waive her parental rights, it gets approved much quicker.
But if the parent contests it...be prepared for a fight.
Bureaucracy isn't always pretty. Or easy to deal with.
2007-07-19 10:44:18 · answer #3 · answered by SlowClap 6 · 0⤊ 0⤋
Yes, If she has proof the mother is unfit, But she needs to keep in mind that the father of the child will have a right to take custody before the grandmother can unless he hasn't been in the picture himself then she has a good chance.
2007-07-19 10:50:25 · answer #4 · answered by Bingo 5 · 0⤊ 0⤋
Underage or not, she is still the baby's mother. In my opinion (and in the opinion of most courts), babies are almost always better off with their mothers. The grandparents would have to prove that she is an unfit mother (junkie or neglectful, etc).
2016-03-22 14:39:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes, but she has to proof. But it really depends on the state you are from. I know in NC that Grandparents don't really have rights. But they can get temporary custody of their grandchildren. I wish your Aunt luck. This is hard road she is about to go down. Because this will cause problems with her and her daughter, an some of the rest of the family. My thoughts and prayers are with you guys.
2007-07-19 11:24:02 · answer #6 · answered by Bird Lady 2 · 0⤊ 0⤋
If she has proof she is a drug dealer or addict, or a prostitute, then I say you have a good shot at it.
The family court system is really messed up right now. Corruption all over the country. The FBI needs to look into it.
See NECFC.piczo.com
I hope you can do the right thing for the kids future.
2007-07-19 10:42:37 · answer #7 · answered by Le Nuez Vert` 3 · 0⤊ 0⤋
my six year old grandson and his mother have been living with us for five years. he is autistic and adhd. he takes medication. his mother suddenly moved out and took her son with him. i have no idea where they are and if he is getting his medication. he has severe behavior problems. she has never been close to her son and there is a detachment between mother and son. what can i do as a grandparent?
2016-10-05 08:46:48 · answer #8 · answered by Donna 1 · 0⤊ 0⤋
Yes very easily. And good for her, so many grandparents love their grandchildren as long as they don't have to take care of them. More power to her.
2007-07-19 10:41:05 · answer #9 · answered by johanne 4 · 0⤊ 1⤋
Yes, I took custody from my son and his ex girl friend.
It took me 3 1/2 years and about $10,000.00, a lot of agrravation, legal stalls, coundeling, shrink, etc., but, I have custody.
Make sure of her facts, dates, times, etc.
2007-07-19 10:47:18 · answer #10 · answered by Nana 4 · 0⤊ 0⤋