Friday, April 10, 2009

How can I help mother in law keep custody of granddaughter?

My mother in law has custody of her granddaughter, my niece, and she's been in the hosptial. She got custody because my sister in law was on drugs, and living on the street w/ her boyfriend and my niece. Rather than have to comply w/ CPS's reccommendations, she signed custody of her daughter over to my mother in law, but it wasn't done through the courts, only a notary public. It's looking like my mother in law may not be able to live on her own once she leaves the hospital. Now, my sis in law and her boyfriend are off the streets, and have had another baby, but the boyfriend is still doing drugs, because they never have money for their lights or water. They're barely able to pay the rent, and he's supposedly making good money, laying brick. They have no transportation and no phone, and the boyfriend has several warrants out for him. What can we do to ensure they don't get custody back?


Well, the first thought that popped into my head was alert the authoritied of her boyfriends where abouts. They will lock him up, they can't let him wander if they know where he is. You can use the time he is locked up to see if you can talk your sis-in-law into giving you temporary custody while grandma is ill. The idea of her being without a boyfriend, and with another baby may make it very clear to her that she needs your help. You can call CPS, but I would attempt to do that last because frustratingly and unfortunately, the situation you described probably wouldn't be enough to have the children removed from the home, or if they do, it would probably be temporary and mom would need to comply to a few things prior to receiving her children back. The idea that she didn't want to deal with CPS before may mean that you have leverage and she won't want to deal with them again...especially if the boyfriend has warrents...she would want to keep him hidden. Talk to her and see if she is willing to budge, if you can not get her to budge, then be firm in the sense that you make her realize the authorities will get involved.

I don't know how you feel about your sister in law, but maybe if you can get the boyfriend out of the picture you can get her to a state of wanting more for herself and she will clean up her act willingly.

Good luck.

One more thing...please be clear that the ability to prove someone is an unfit mother is not easy to do these days...CPS may make it worse if you go that route first because they will initially try to help her. To put it bluntly, the government realizes it costs much less money to keep kids with their parents then it does to take them away. I have seen it first hand lots of times...talk to her first and see if you can get her to budge!

The courts need to be shown that she is an unfit parent. It isn't easy to do because that is the childs mother. A notary isn't an actual leagal doctument....granted if your mother in law can prove that the mother is unfit and that it is in the best interest of the child that she not go back to her mother your mother in law will have a good chance.....You still need to remember if your mother in law isn't physically able to care for the child the courts may not allow her to keep her. I think that you should consult in an attorney its better to be safe then sorry!! Good Luck!

Take a look at the site below, this may be of interest to you.

Nothing really it's not up to you...if there is a hearing held for custody you could ask if you could show up as a witness but otherwise it's out of your hands

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