Emergency custody

[bnme124]

What is the name of your state (only U.S. law)? Delaware

My daughter and son-in-law live in my home with their soon to be 2 yr old son. They are both drug addicts and I would like to take temporary emergency custody until they can get into rehab and get clean. How do I prove that they are not capable of taking care of this child? I am afraid for his safety and do not want him to be hurt due to neglect or worse. What can I do to protect him?

Thank you,

Desperate Nana

 

[mistoffolees]

What is the name of your state (only U.S. law)? Delaware

My daughter and son-in-law live in my home with their soon to be 2 yr old son. They are both drug addicts and I would like to take temporary emergency custody until they can get into rehab and get clean. How do I prove that they are not capable of taking care of this child? I am afraid for his safety and do not want him to be hurt due to neglect or worse. What can I do to protect him?

Thank you,

Desperate Nana

You can call CPS if you've actually witnessed anything harmful to the kids, but since you're living in the home, that could backfire. BTW, even if you were able to prove that they are drug addicts, that doesn't necessarily make them unfit.

Your best bet is to get the parents to agree to let you have temporary guardianship. If they won't do that, your chances of getting temporary custody are pretty slim.

 

[LdiJ]

What is the name of your state (only U.S. law)? Delaware

My daughter and son-in-law live in my home with their soon to be 2 yr old son. They are both drug addicts and I would like to take temporary emergency custody until they can get into rehab and get clean. How do I prove that they are not capable of taking care of this child? I am afraid for his safety and do not want him to be hurt due to neglect or worse. What can I do to protect him?

Thank you,

Desperate Nana

Your definition of "drug" addicts might not be the same as a courts definition.

You cannot simply "take" emergency temporary custody. You would have to prove both of them to be unfit parents. Using illegal drugs, all by itself, does not define a parent as unfit. They would have to be actually neglecting or abusing the child.