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Step Grandmother needs advise if both parents in jail

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stepgmom

Junior Member
stepgmom said:
:confused: What is the name of your state? California
My husbands daughter had our grandson at age 15. She is now in jail for possetion of meth. We think she should be out by the end of this month. In the meanwhile we took court doc's yesterday for temp guardianship. The father will be incarcerated for a couple of years.
She has no education, no job, no housing or means of support.
My question is: If she gets out of jail before the judge signs the temp guardian doc's, will she be able to take him from us? If so, would it be illegal of us to hide him until the judge signs the docs?
Please help.
 

BelizeBreeze

Senior Member
stepgmom said:
My husbands daughter had our grandson at age 15. She is now in jail for possetion of meth. We think she should be out by the end of this month. In the meanwhile we took court doc's yesterday for temp guardianship. The father will be incarcerated for a couple of years.
She has no education, no job, no housing or means of support.
My question is: If she gets out of jail before the judge signs the temp guardian doc's, will she be able to take him from us? If so, would it be illegal of us to hide him until the judge signs the docs?
Please help.
Without a valid court order, yes, the child is hers and she can do as she wishes.

The answer to your second question can be given in one word: Kidnapping.

Neither you nor your husband have legal rights to the child. PERIOD.
 

LdiJ

Senior Member
BelizeBreeze said:
Without a valid court order, yes, the child is hers and she can do as she wishes.

The answer to your second question can be given in one word: Kidnapping.

Neither you nor your husband have legal rights to the child. PERIOD.
In addition, the fact that you have filed for guardianship doesn't mean that the judge is going to award it to you without full "due process"...or even that the judge is going to award it to you at all. Therefore you aren't just waiting for the judge to sign the papers...it doesn't work that way.

The judge may give you temporary guardianship...but a full "due process" hearing is going to happen.
 

stepgmom

Junior Member
Thank you. It really is not something we want to do, but for his sake, he cannot continue to live in motels and around drug activity. It has been 21 ears since I've taken care of a 2 year old. I've forgotten how. We are slowly adjusting and so is he.

When she comes out of jail, she will certainly come for him. I just pray the judge has signed the temp orders by then. Perhaps this will be a serious wake up call for her.
 

I AM ALWAYS LIABLE

Senior Member
stepgmom said:
My husbands daughter had our grandson at age 15. She is now in jail for possetion of meth. We think she should be out by the end of this month. In the meanwhile we took court doc's yesterday for temp guardianship. The father will be incarcerated for a couple of years.
She has no education, no job, no housing or means of support.
My question is: If she gets out of jail before the judge signs the temp guardian doc's, will she be able to take him from us? If so, would it be illegal of us to hide him until the judge signs the docs?
Please help.

My response:

You all can't possibly be from California, originally. Let me guess - - Kentucky or Georgia, right?

Is there, or was there ever, a trailer in your daughter's life?

IAAL
 

stepgmom

Junior Member
I don't know why you would say such a thing. No, there was never a trailer in her life, but there sure was in mine. With 10 acres, horses, cow, chickens, etc.
What does that have to do with anything. Right is right, and wrong is wrong, no matter who you are.
 

I AM ALWAYS LIABLE

Senior Member
stepgmom said:
I don't know why you would say such a thing.

MY RESPONSE: You don't know why? Well, let me remind you - -

"She is now in jail for possetion of meth. We think she should be out by the end of this month. In the meanwhile we took court doc's yesterday for temp guardianship. The father will be incarcerated for a couple of years.
She has no education, no job, no housing or means of support."
(underlining added)

Way to go, Mom! You did a fine job raising her, and passing down those "trailer values"! I guess it's true, "you can take the girl out of the trailer, but you can't take the trailer trash out of the girl."

IAAL
 

stepgmom

Junior Member
Okay, you judgemental ass!! For your information (since you are so damn smart and you got the clue of stepgmom, and the fact I said (my husbands daughter), for your information my children are 26, 21, and 10. My oldest has a masters in accounting and is currently a CPA, my 21 year old has worked her hinny off since age 17 and is a college graduate, my 10 year old wins awards in horse shows. Don't you freakin tell me I'm not a good parent, I don't give a hoot who you are.
I came to the website to get help for a situation I know nothing about, not to be judged by a freak of a lawyer like you.
 

I AM ALWAYS LIABLE

Senior Member
stepgmom said:
Okay, you judgemental ass!! For your information (since you are so damn smart and you got the clue of stepgmom, and the fact I said (my husbands daughter), for your information my children are 26, 21, and 10. My oldest has a masters in accounting and is currently a CPA, my 21 year old has worked her hinny off since age 17 and is a college graduate, my 10 year old wins awards in horse shows. Don't you freakin tell me I'm not a good parent, I don't give a hoot who you are.
I came to the website to get help for a situation I know nothing about, not to be judged by a freak of a lawyer like you.

My response:

Apologies to you. Please replace the "female gender" of my responses with that of your husband. I tip my hat to him! What a guy!

But wait . . . you married that lout! What a great choice. A man who brings children into the world, and lets them go to hell! Wow, what a guy!

Oh, and as for being judged . . . well, when you married that idiot with a recalcitrant daughter, what did you expect people to do; compliment you on your fine choice of partner?

Duhhhhhhhh!

IAAL
 

LdiJ

Senior Member
I AM ALWAYS LIABLE said:
My response:

Apologies to you. Please replace the "female gender" of my responses with that of your husband. I tip my hat to him! What a guy!

But wait . . . you married that lout! What a great choice. A man who brings children into the world, and lets them go to hell! Wow, what a guy!

Oh, and as for being judged . . . well, when you married that idiot with a recalcitrant daughter, what did you expect people to do; compliment you on your fine choice of partner?

Duhhhhhhhh!

IAAL
IAAL, we have family friends (kids younger than us by about 10 years). 3 kids. Mom is an attorney and dad is a retired engineer (who now acts as mom's legal secretary..lol). Their oldest is a hardworking professional with a family, their youngest is a hardworking professional with a family and their middle child has been in and out of prision, badly abuses drugs and they finally gave up on him when he was 28. How do you reconcile that kind of family within your theories?
 

rmet4nzkx

Senior Member
Today was a court holiday so the court was closed.
How long has the child been with you and was the child placed with you by the police and/or CPS or was the child visiting when mom was incarceraed? Hopefully you will know soon.
 

stepgmom

Junior Member
She accually called us from a motel room asking us to take the baby for the weekend. That night she was taken to jail for possesion. That was about 4 weeks ago. Tomorrow is the big day. We will find out what will happen. Either we keep him or not. I'm soo scared. I will let everyone know what happens tomorrow.
 

stepgmom

Junior Member
I AM ALWAYS LIABLE said:
My response:

Apologies to you. Please replace the "female gender" of my responses with that of your husband. I tip my hat to him! What a guy!

But wait . . . you married that lout! What a great choice. A man who brings children into the world, and lets them go to hell! Wow, what a guy!

Oh, and as for being judged . . . well, when you married that idiot with a recalcitrant daughter, what did you expect people to do; compliment you on your fine choice of partner?

Duhhhhhhhh!

IAAL

No thank you, your apology is not accepted. Your a sociopathic fool. You have no idea the kind of man my husband is. And thanks for tipping your hat to him, he deserves it...now go back to your psychiatrists couch and try not to forget to take your medication.
 

I AM ALWAYS LIABLE

Senior Member
stepgmom said:
No thank you, your apology is not accepted. Your a sociopathic fool. You have no idea the kind of man my husband is. And thanks for tipping your hat to him, he deserves it...now go back to your psychiatrists couch and try not to forget to take your medication.

My response:

I need a psychiatrist? Lady, let's remind everyone, again, of the type of family you married into, okay?

"She is now in jail for possetion of meth. We think she should be out by the end of this month. In the meanwhile we took court doc's yesterday for temp guardianship. The father will be incarcerated for a couple of years. She has no education, no job, no housing or means of support."
And I'm nutbaggy? What the hell were YOU thinkin' when you said, "I do"?

IAAL
 

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