• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

desperate grandma seeks advice

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Rise

Junior Member
What is the name of your state?What is the name of your state? Arizona

My daughter is a drug addict and has been for approx 13 years. She recently spent 1.5 years in prison on drug and drug related charges (she is 27 years old and has been arrested 19 times.) I have been raising her daughter off and on (mostly on) for all of her nearly 4 years of age (fully for the last 2 years.) Upon release from prison my daughter appeared to be getting her life on track. However, upon comletion of parole (approx 5 mo), she is now back to her old ways and only wants this child to use as a pawn to extort money from myself and other family members. She is now on probation but is not in compliance with any of the terms. She recently left for California with my granddaughter and I had to offer her money in order to talk her into bringing my granddaughter back and was forced to go there to pick them up. My daughter only came back for the money and to go to her probation appointment so they would not suspect that she had left. I need emergency guardianship or custody ASAP. My daughter is now unemployed, homeless, living out of motels, dealing and using drugs etc.. My daughter is married, this husband is not this childs father and he is currently homeless in California with their 2 yr. old daughter. I am afraid my daughter is going to try to get her husband to take this child to California and out of my reach. I have a clean, healthy and stable environment. My daughter and her husband neglect the children and are physically and verbally abusive. I have asked for help from the probation department but have not gotten very far. I am fully capable and want to raise this child. I do, however, have a felony record and a drug past. But that chapter in my life is closed and am prepared to do anything it takes for my granddaughter to have a healthy happy and stable environment to grow up in. I have turned my life around, put the past in the past and have a great future ahead of me, I have been living a respectable life for over 5 years now and have been raising this child for the majority of her life. Any advice is truly appreciated. To start I need to know how to get emergency guardianship. What, if anything, can I do? (My daughter also has another child who is in the custody of her father. He is currently in Utah and does not want my daughter to have any contact and is trying to sever her parental rights.) (the father of my granddaughter in question is also a drug user with a criminal past and does not participate in his daughters life and has expressed interest in severing his parental rights as well).
I am desperate for any help and/or information I can get. Thank You
 


Rise

Junior Member
seeking lawyer however.....

am seeking legal assistance, however, the courts are closed until monday. Daughter wants granddaughter now and is threatening to call police to charge me with custodial interference and/or kidnapping if I do not turn her over to her immediately. I can't in good conscience let my daughter take her to yet another motel. My granddaughter screemed/kicked and cried 4 days ago when I dropped her mother off at the motel, she was asking why she was there again, saying "no mama," she was in a terrible state of panic. I have avoided her today, but daughter is a "night person" and I am afraid that the police will have no other choice but to make me hand her over. CPS is no help at all and state I have to give her to her mother.
 

stealth2

Under the Radar Member
At this point you have no legal right to keep the child, so you will have to hand her over if Mom wants her.
 

Rise

Junior Member
gave her to mom last night

gave granddaughter to her mom last night, with her promise that she would bring her back. Granddaughter, this morning, is now on the way to the ER with a head injury she received when she "fell out of bed." Mom doesn't know what she hit when she fell, as she didn't see or hear her fall, only knew her daughter had hurt herself when she said her head hurt and mom saw blood on her shirt. They are in a motel room, beds are right next to each other--guess mom and husband were in acoma. (a friend called to tell me this, not mom, mom did not want me to find out.) Monday can't get here any sooner.
 

rmet4nzkx

Senior Member
Rise said:
gave granddaughter to her mom last night, with her promise that she would bring her back. Granddaughter, this morning, is now on the way to the ER with a head injury she received when she "fell out of bed." Mom doesn't know what she hit when she fell, as she didn't see or hear her fall, only knew her daughter had hurt herself when she said her head hurt and mom saw blood on her shirt. They are in a motel room, beds are right next to each other--guess mom and husband were in acoma. (a friend called to tell me this, not mom, mom did not want me to find out.) Monday can't get here any sooner.
GO to or call the ER and give them the history so they can report this to CPS, it will make a big difference with a mandated reported reporting to CPS, This doesn't mean that you will get custody, however, it might help if you copy your posts here as evidence that you are seeking guardianship and you history of being a cartaker of the child at least while the mom was incarcerated. The big problem you may have is your history, " I do, however, have a felony record and a drug past." Your Grand daughter may end up in foster care, which is still better than in an abusive or neglectful situation. Now get on the phone to the ER. Let us know what happens. It is a weekend, but the hospital can help with emergency situations in the case of abuse, and there will be documentation.
 

Rise

Junior Member
Er Update

Called ER talked to triage nurse who said child is fine, is recieving one staple to the back of her head, nurse stated it does not appear to be suspisious and they will not be reporting to CPS, even after I presented a brief history. Am at a loss!

I am counting on the fact that although CPS did not want to give me my granddaughter, when my daughter was arrested, because of the felony, daughters probation office insisted that they do. (long story-in short other granddaughter tested positive for meth at birth, daughter was not complying with terms of intensive probation, I knew she was going to be arrested at some point but did not know when, worked it out with daughters surveillance office to pick up granddaughter when that happened, so they did some background on me as well.) An extensive study of my current situation was done by CPS and I was found to be a fit guardian, with a clean stable environment. Home studies were done and employer was contacted and consulted. And I have been her sole care taker for the past 26 mo's.
 

Rise

Junior Member
very sad

It seems there is nothing I can do but pray. I thank you for the responses and hope my situation doesn't discourage others from seeking justice for their innocent ones. Until the laws are updated and/or changed, the law is on the side of the mothers (even if they continue to exhibit criminal and inappropriate behaviors) not that of the innocent children. I will continue to watch over my granddaughter, pray for my younger granddaughter, and be thankful my oldest granddaughter is in the custody of her father and in another state. I'm still open to any advise and am seeking a support group in my area.
 

LdiJ

Senior Member
Rise said:
It seems there is nothing I can do but pray. I thank you for the responses and hope my situation doesn't discourage others from seeking justice for their innocent ones. Until the laws are updated and/or changed, the law is on the side of the mothers (even if they continue to exhibit criminal and inappropriate behaviors) not that of the innocent children. I will continue to watch over my granddaughter, pray for my younger granddaughter, and be thankful my oldest granddaughter is in the custody of her father and in another state. I'm still open to any advise and am seeking a support group in my area.
It isn't the laws that would have to change in order to solve your problem. Its the actual constitution and the bill of rights....and the odds of those ever changing are slim to none. You however, aren't utilizing the best resources to resolve your problem. The child has been in your full time care for two years now. Hire an attorney and file for guardianship. Don't rely on CPS to do things for you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top