Help! I'm trying to keep custody of a 5 yr. old from his unfit mother.?

Question

I am his limited guardian at this time, but have already gone to court because the mother is trying to revoke it. I have raised this child since he was 2 wks. old. The mother was sent to jail the day he was born, and in & out of jail ever since. 10 months ago, she called me from 2000 miles away -which is where we all used to live - but i had moved away over 1 yr prior to this - to come and get the child AGAIN as she had no one to take care of him AGAIN. Now she is homeless again and wants benefits from the child to provide her income/housing. No- kid - no benefits. He is currently in school here and will go to another state and become her meal ticket. They will arrive on a street corner with no where to live. She has airline tickets. I personally can tell that this is not a good environment for the child (she is a drug user too) but how do I prove this to the court? I need evidence of some kind?? Other than my word. And any other route that I cannot come up with?? Please help

In court yesterday, judge held it over until Monday because I got the Co. Attny. to file a neglect charge on her. I guess I am just afraid I will lose on Monday! The child has been appointed a Guardian ad Litem but no one has contacted me from Social Services. I have collected his report card/evaluation etc., and all doctor/dentist records. The mother, according to the court, can revoke guardianship at any time and take the child - thus the neglect charge filed - may be the only help. Airline tickets were bought by one of her 3 boyfriends back in AZ. She is in my state now fighting me.

I am not a relative of the child, therefore, after 1 year, I will have the same rights as a parent. 1 1/2 months to go!!

Answer 1

first deep breath, second, thank you for being a wonderful person who wants to do everything in your power to protect this child.

Next thing you need to do is get on the phone start getting a lawyer lined up. Second, it shouldn't take to much to prove if you've alreay been to court and they wont revoke your limited guardian rights, thats a plus on your side. Sence the mother doesn't have a home, which any court with a judge who has a brain, the judge will see this as an unfit place for the child to be.

I must ask how is it she has an airline ticket(s) if she can't provide a home?

As far as proving that it is best out here with you and not with the mother, leave that up to a lawyer. Also start getting the paper work filed for takeing custody of this child. Permantly.

Answer 2

If you still have guardianship simply do not allow the child to go with her. My advice is to drag things out as long as possible. Courts are concerned with stability and continuity for kids. The longer he is in your home and in your care the less likely the courts will be to remove him from his familiar environment. The mom will most likely have to prove she has a stable environment before it will even be considered. Start keeping a journal of all your contact with her and contact that she has with her son. Do you have anyone that would testify to her instability? Call Social Services...they might be able to point you in the right direction or give you some ideas. It's time to lawyer up if you haven't already. If your state has Guardian Ad Litems, or the equivalent thereof, request that one be appointed to the child. His lawyer will look at you, your environment, his mother, her environment, talk to him, talk to his teacher, etc and recommend to the courts what he feels is in the child's best interest. Especially if the child is young, this is a good way for his voice to be heard in court. GALs are generally really listened to in court. Good Luck

Answer 3

Get a lawyer, go to court, get complete guardianship. It also depends on what your limited guardianship says. It sounds like she gave you a limited guardianship - and not a court. The only way you can really do anything correctly is to go to court and file for complete guardianship. Once you file, the judge will hold a hearing and determine who should get guardianship/custody. If she is homeless and has been in and out of jail - she will most likely only get visitation.

Answer 4

you get a lawyer, they will pull up her convictions, also the child has been with you for this long doing well, get school reports. doctors, reports no judge will hand over a child to an unfit mother, also she has to file in the state your in know because this is were the child resides. believe me you wont loose that child, my kids father was an addict at one time abusive to me. i won full custody of my kids. he took my back again and lost, try even to stop child support. don't worry, the child is in good hands. even tell your lawyer to get authority visits to your home to prove your better, plus the child only knows you.

good luck my heart and thoughts are with u and the child kkep up the good work!

Answer 5

You have been a blessing to this child. You need a good lawyer to advise you, not Yahoo Answers.