Custody from CPS

My daughter was using drugs while pregnant. Child Protective Services has taken custody of the child & placed him in our home, (where my daughter doesn't live) until she can complete 30 days of outpatient drug rehab & parenting classes. The dad, although he was involved at first, has gone back to using drugs & living away from my daughter. Her attorney has told her she cannot be around the boyfriend until he goes through rehab as well or she will "flush" all that she has accomplished.
She, however, has gone back to be with him and has deserted rehab and a wonderful job that she has been training for for 3 weeks.

My husband & I see that it is obvious that she is not prepared, mentally, to take this child and care for him the way he deserves.

How can we take custody of this child, who is our grandson & has never known any other home but ours since his birth. (The child is only 4.5 mo. old)

To seek custody of your grandchild right now would be a tremendously long and difficult process for you (the grandparents). If you are worried about the future welfare of your grandchild with respect to your daughter getting custody back upon completion of the requirements, I think it would probably be in everyone’s best interest if you continue using the support systems you have in place now (child protective services, rehab, counseling, etc.) This is not a good situation for anyone (you or the parents), and these programs are -- unfortunately -- designed to help the real parents be good parents because ultimately that‘s what the goal is -- to get the child back to the “good parent“. And remember -- right now your grandchild is safe and with you. Time, sometimes, does help improve situations.

Best of luck.



hmmbrdzz

[ellencee]

BWILSON
Information of value to you is available via this site's home page. Go to the home page, click on State Law, then click on your state, then find the section of your state's laws that pertain to custody. You and your husband may qualify as parties entitled to seek custody of the child. The law will state who can seek custody, temporary custody, etc.
Best wishes,
EC