Dad's name not on BC can dads parents get temp custody

What is the name of your state?AZ
My brother and his GF have both been in trouble with the law and he just got out of jail and now his GF is going back to jail. My parents would like to file for emergency temp custody of my niece as both my brother and his GF are meth addicts (proof that is what they both have been in and out of jail for) as well as for assault charges, domestic violence, threats ect...

Right now both sets of grandparents have been sharing custody of my niece just by verbal agreement as the biomom is to strung out to care about my niece and has let them do whatever with my niece. My parents get her 4 days a week her parents 3. This has been going on for about 6 months.

Last night the GF took off with my niece and didn't come home. Needless to say both sets of grandparent were panicking as neither my brother or her are fit parents. The last time both of them were arrested the police found my niece in her crib no diaper on and sitting in her own filth with welts all over her. CPS has done nothing but warn them that they could be in danger of losing my niece. Also when the GF took off with her last night she broke her probation as she is on intensive which makes it so she is not suppose to leave the house at all.

Ok my question is Can my parents get emergency temporary custody if my brother's name is not on the BC and no DNA testing has been done to prove he is the biodad. Or will the courts say my parents are legal strangers? Given the fact that the GF is going to jail for at least 9 months starting tomorrow(if she doesnt take off tonight which has been her history) Her parents wont go file as they don't want to piss off the biomom by legally taking actions.

Hisbabygirl77 said:

What is the name of your state?AZ
My brother and his GF have both been in trouble with the law and he just got out of jail and now his GF is going back to jail. My parents would like to file for emergency temp custody of my niece as both my brother and his GF are meth addicts (proof that is what they both have been in and out of jail for) as well as for assault charges, domestic violence, threats ect...

Right now both sets of grandparents have been sharing custody of my niece just by verbal agreement as the biomom is to strung out to care about my niece and has let them do whatever with my niece. My parents get her 4 days a week her parents 3. This has been going on for about 6 months.

Last night the GF took off with my niece and didn't come home. Needless to say both sets of grandparent were panicking as neither my brother or her are fit parents. The last time both of them were arrested the police found my niece in her crib no diaper on and sitting in her own filth with welts all over her. CPS has done nothing but warn them that they could be in danger of losing my niece. Also when the GF took off with her last night she broke her probation as she is on intensive which makes it so she is not suppose to leave the house at all.

Ok my question is Can my parents get emergency temporary custody if my brother's name is not on the BC and no DNA testing has been done to prove he is the biodad. Or will the courts say my parents are legal strangers? Given the fact that the GF is going to jail for at least 9 months starting tomorrow(if she doesnt take off tonight which has been her history) Her parents wont go file as they don't want to piss off the biomom by legally taking actions.

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Both your brother and your parents are technically legal strangers to the child right now. It would be quicker to convince the maternal grandparents to file for custody. However, they can also kick your brother in the butt and get him to establish his legal paternity.

Call the police and probation department and report the violation.
Either or both grandparents can file for emergency custody and CPS will be contacted when she is apprehended. What was true at CPS re abuse or neglect before should be different due to the history of drug abuse and incarceration.

If either set of grandparents can get the child into their custody again, immediatly make petitions to the court and get the DNA testing court ordered. While there is no paternity acknowledgement or DNA test on file there is an admission to at least CPS that the child is that of the father, he holds himself out to be the father and they live/d together.and the grandparents have already been sharing custody of the child, so both sets of grandparents are what are termed "de Facto Parents" or psychological parents. It is natural for a parent to protect their child such as the GF's parents and they may even be afraid to take legal measures for a number of reasons, but getting legal custody is necessary, it doesn't have to end contact with the child by her parents, but will insure the child is safe.

I would suggest that since there is a chronic history of drug use and incarceration, that your parents petition to have parental rights terminated. This takes it out of the GF's parents hands so they can at least say to her, that the court took action, however keeping custody with relatives can allow a relationship with the natural parents should rehabiliation occur. Yesterday was a holiday, but they should begin actions today, even an emergency petition for custody and reporting the probation violation.

This site specifically addresses that process in AZ for grandparent actions. http://cals.arizona.edu/grandparents/res_book/legalfaq_3.html "The court must be able to find by clear and convincing evidence that one of several grounds exist in order for the court to order that the parent's rights be ended. The law in Arizona says that possible grounds to end a parent's rights include abandonment, abuse, neglect, mental illness, chronic drug abuse, or incarceration. Each of these grounds requires
Specific types of information be provided to the court in order to be successful in requesting that parental rights be severed or ended."

Keep us updayed on progress. This is for the child's best interest.

Thank you so much for your help and my parents are going down today to the courts in just a couple hours actually so I will call them and tell them what I found at that site. Also LDJ we have tried to get my brother to go for DNA testing but since he "knows" he is the father he wont go plus him and GF are still together so he sees no reason why he should go as she doesnt deny that he is the father. Trust us all of us have tried to get him to do so for future legal reasons. We are certain my niece is his but he doesnt seem to think the courts would ever be involved in his relationship with her so he hasnt gone down. Sadly both are to strung out and in jail most the time to even think straight. Thank you both for your help.

oh and my parents have already informed the probation officer. As soon as they found out about it they informed both the gf's probation officer for her leaving the house and my brothers parol officer as he is not suppose to be around anyone else on probation or parol. Thanks again.

Good that your parents are going down ot the courts today and that they contacted both PO's showing they are at least acting without bias and in the best interest of the child. If youe brother has been incarcerated, they may already have DNA on file if not the court will order it if they question it. Keep us updated on the situation. Have they located the child or the mother return?

The mother has not been located but she did have a friend of hers return my niece this morning to her (the GF) mothers house. I don't think the GF plans on returning as she is suppose to check into jail today. Somehow her lawyer got the judge to put off her jail sentence until after thanksgiving. I don't know how as she has a history of running when she is suppose to be in jail. My mom then went and picked up my niece so my parents have her safe and sound right now. She just kept dancing around the house saying "grandma! Grandpa home!" She is such a sweety. Also, Do you know if they can get the forms they need to file at the court house itself? We have all tried looking online for the forms and we can only find ones that say to file if you are the parent. Or forms for emergency custody if you have already filed a petition for temporary orders but then we cant find that actual petition. And I will keep you posted. Thanks again.

I'm sure the court can help, depending on the county, they may have to file in probate, juvenile or family court, does the judge know of her flight? At least your parents now have physicial custody of the child and are pursuing custody legally, enough is enough, let us know how it turns out. They may have to start out with an emergency guardianship order and then the rest later. Here are more links http://www.law.arizona.edu/Depts/Clinics/CAC/gship.html
Arizona Court Forms http://www.keytlaw.com/az/azcourtforms.htm

curious

Was wondering how things went in court. I have a similar situation with my daughter being a meth addict and in trouble with the law (see: desperate grandma....). I haven't had any help from CPS or the probation department, (perhaps I am not patient enough.) I was told by CPS that drug abuse was not grounds to remove a child. I can't believe my ears!!! Are you running into similar road blocks? Please share any information you have as I am going to the courts on Monday. Thanks

The went to the court house and the judge awarded them temporary. So at least for now my niece is safe and sound. They are going to have to go back in 3 weeks along with the other grandparents for another court date. My parents have an appointment with their lawyer tomorrow. I will continue to update as it goes along. And to Rise my parents situation is that the drug use caused the parents to be very neglectful and the police themselves witnessed in when the saw her in the crib in her mess with welts on here. So the police contacted CPS directly. Maybe that is why the have had success. Before this my parents had also called CPS and nothing was done at all. If you witness neglect or abuse I suggest calling the police if you know there are drugs there she can get busted as well as CPS called.

update

I just wanted to do a quick update on this situation..

My brother was found to be the bio father of my neice. Yet again both him and his now wife are in jail (soon to be divorced big shocker there) anyway. The mom's parents were given full custody of my niece with my parents having visitation for Mon, tues, and wednesday. My niece is now in a stable environment and loves that my parents but a new house and she has her own room that she decorated in tinkerbell. Both of her parents lost all rights to her and for once in her little life she has some stability. Thank you for all of your help.

Hisbabygirl77 said:

I just wanted to do a quick update on this situation..

My brother was found to be the bio father of my neice. Yet again both him and his now wife are in jail (soon to be divorced big shocker there) anyway. The mom's parents were given full custody of my niece with my parents having visitation for Mon, tues, and wednesday. My niece is now in a stable environment and loves that my parents but a new house and she has her own room that she decorated in tinkerbell. Both of her parents lost all rights to her and for once in her little life she has some stability. Thank you for all of your help.

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Glad to hear that your niece is safe and loved.

I remember this case and thank you for the update, I am glad that the best interest of the child were protected and she now haw 2 safe and stable environments with loving family.

Thank you all and yes my niece is now a very happy little girl. There are still issues of things like her mom's parents say mommyis in school (when she's in jail) and daddy is in jail for hitting mommy( he's not he is there for drug related charges) They try and make mommy look good and daddy look bad but besides that they are really good with her and my parents play neutral dont try and make either parent look bad since the only one it hurts is my niece. But still the situation is much better than it was before. She loves having time at both grandparents. She gets twice as spoiled that way lol and loves it. Of course now all of the grandchildren are asking grandma and grandpa why they can't have their own room at grandparents house lol but grandparents would have to buy a mansion to make that happen. Thanks again everyone.