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Need clear orders for grandchild and parents

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What is the name of your state? California

My youngest daughter has a history of mental illness (PTSD, DP/DR) including running away, alcohol issues and psych ward hospitalizations and one serious su*cide attempt. She's been in therapy since age 12. She is now 16.

About a year and a half ago, at age 14, she ran away for 3 days. There wasn't a trace of her. We had detectives in our home and on the street looking for her, her missing posts on social media had tens of thousands of shares, our family went out looking for her and posting flyers. Just thinking back makes me nauseous. On the 3rd night that she was gone, her phone turned on and the police pinged it and brought her home. She refused to tell anyone, including the police, where she had been.

A while later I found out she was at a boy's house. He was 17. She wanted to see him so badly. She threatened to kill herself or run away for good again if I didn't let her see him. She said this time we would never see her again. Out of fear, I let her see him with supervision.

She was on birth control (after she started running away I put her on it because I didn't know what she was doing when she left.) At the end of her depo provera cycle in November of 2019, we found out she was pregnant. By the same boy she had been seeing. By this time he had turned 18.

Their relationship is awful. It seems the more I keep her away the more they want to be together. He is verbally abusive and she shared with me that he had held her down on several occasions when she wanted to leave his house. He was also using psychedelics and smoking a lot of pot and just generally not making good choices.

When she got pregnant she realized he wasn't doing good things with his life and she left him.

My daughter absolutely bloomed during pregnancy. She caught up in school and started college classes. I hadn't seen her look so happy since she was 10 or 11.

She had the baby c-section. It was traumatizing and the baby was born with respiratory failure. The baby spent 5 days in the NICU. My daughter struggled with postpartum depression and a lack of attachment to the baby.

My daughter asked me to raise the baby. She met with the boy and told him her plan
He got angry and said either his mom could raise the baby or they would put the baby up for adoption. His mom has a long history of drug addiction, and my daughter didn't want to put the baby up for adoption.

I raised the baby in our home with my daughter playing a supportive caregiver role, fighting her postpartum, keeping up with school and exclusively pumping breastmilk for her baby over 4 months. From the time of birth at the end of July until shortly after Thanksgiving. I tried as much as I could to encourage my daughter to be a mama.

In that time, Dad saw the baby a handful of times-always supervised in our home. On one visit he yelled at the baby because she wouldn't stop crying. The baby was still a newborn at that point. He and my daughter argued over it and he didn't see the baby again for over 3 months. She begged him to be a dad and he wasn't interested.

Somehow in the course of their co-parenting chats, she decided she wanted to work things out with him. She took a beautiful new interest in her baby as HER baby, and not as the child she had felt so detached from. She started making plans for their future as a family. Note that this young man is 19 years old now. She is 16.


He has angry outbursts and yells at her. He has texted her several times saying he would kill himself when they argued.

Over the last several months he has told her on several occasions that he would kill himself...when they argue he threatens to kill himself. (This is all over the phone.)

On one occasion he told her he had a rope hanging from his ceiling fan. He texted her from a fake Instagram account named "illreallydoit" that had an icon of a man with a noose around his neck. We called 911 to do a health and welfare check. Occasion number 2 we were on the road to visit my father 6 hours away when the young man's mom calls me and asks if I've seen her son. She explains that he took a bunch of pills and then ran away when she called 911. (late September) On Halloween daughter and the young man went to a party with some other kids. The young man was talking so badly to my daughter that another boy at the party beat him up. A couple of weeks later young man texted my daughter "this is my last text. I overdosed on Xanax and hoped to talk to you before I die." Then he passed out and woke up the next day, according to his brother. (This was mid-November. )

My daughter initially told me that the baby's Dad (in previous texts referred to as young man) would have supervised visits until he completed therapy, anger management and parenting classes. They were going to take the parenting classes together to help learn how to coparent in a healthy manner. She said they both agreed upon this supervised visitation and then they would move to unsupervised after he had gotten some help.

Well now my daughter is all enamored that the baby's dad is talking to her and paying attention to her again. She has started just having him pick up the baby and take the baby alone for visits. Tonight she has the baby spending the night at Dad's house.

Sometimes the visits appear to be used to manipulate me. I tell her she can't see the baby's dad so she invites him to "visit the baby." When I object she says "You have to let him visit the baby, he's her dad. " The other day she got mad at me and didn't want me to be around the baby, so he offered to pick the baby up so I couldn't see the baby all day.

Today my daughter was on the phone with baby's Dad and I told her she needed to get off the phone so I could talk to her about this. Baby's Dad was on speaker phone and loudly asserted to my daughter "It's ok baby, you don't have to get off the phone." On Christmas she was told she couldn't go to their house with the baby because it was an abusive environment (baby's paternal grandfather has said some really awful stuff to my daughter) and the baby's dad snuck her and the baby out anyways, with the help of his family. (Daughter said she was going somewhere else and baby's dad's family snuck her to their house when they knew she wasn't supposed to be there. Baby's Dad is increasingly mouthy towards me during phone calls with my daughter when he knows he's on speaker and I can hear him. The blatant disrespect for me as a parent shown by my daughter, baby's Dad and his family is becoming frustrating.

1) First and foremost, I'm concerned for the baby's safety. My daughter is in therapy and I really think Dad should be doing therapy, anger management and both Mom and Dad should do the parenting classes. Preferably before Dad has any more unsupervised visits.

2) The manipulation behind some of the visits is getting ridiculous. It's not fair to the baby to have my daughter snatch her out of my arms and tell me I can't see her for the day and then Dad comes to pick baby up. It's even more confusing for baby as I have been her primary caregiver for many months and she is just getting used to mama being primary.

3) I am not interested in trying to take guardianship or custody. I am concerned that my 16 year old daughter is pretty much responsible for deciding how much parenting time baby's Dad has right now, and how "fit" he is to visit and have overnights. She's clearly head over heels for him and her newfound hope in their relationship is driving some of her decisions. I worry that she is not taking the baby's safety as seriously as she was before.

I want a judge to make a fair decision on parenting time, solid dates and times for visitation, etc. so that it is not being used by these teens to manipulate.

Do I have any options here? Daughter says she refuses to file on behalf of herself because she "likes the way it's being handled now." Can I file on her behalf as she is a minor? None of this is fair to the baby.

Please understand that every decision I've made over this last year and a half has been what I thought I should do to keep my daughter safe. I see that I could have done things differently. I feel like I've let my daughter call the shots this whole time. I'm trying to stop that and also help the baby not get caught in the middle by having clear parenting time established.

I'm sorry this is so long.
 
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Also, for clarification, Dad is not listed on the birth certificate (not sure this is relevant but adding just in case) and also there has been no establishment of paternity and no custody or visitation orders have been issued. No filings have been made at all.
 

t74

Member
Granny, you are in over your head! Call child services. If things are as bad as you describe, they could very likely pl;ace the child in foster care - which should not be a family member of either parent. This is a disaster waiting to happen.
 
Granny, you are in over your head! Call child services. If things are as bad as you describe, they could very likely pl;ace the child in foster care - which should not be a family member of either parent. This is a disaster waiting to happen.
Gah, this is heartbreaking. I have given thought to calling child services because I don't feel the baby is being protected, but it seemed like such a drastic thing to do. I've cared for her myself for most of her tiny life. I love her so much. It would break my heart to have her removed from my home. Thank you for your response, I'll be giving it much thought tonight. :(
 

Ohiogal

Queen Bee
I don't see CPS doing anything because the child is having all of her needs met and is not being abused or neglected.

I will say that Mother is the parent of the child. She can allow the baby's father to see the baby whenever and you cannot control that. This baby is not yours and you have NO LEGAL rights to the baby. You could sue for custody and prove that both parents are unsuitable to raise their child. But you would have to prove that both of them are basically unfit.

While you can parent your daughter, your daughter gets to parent HER child how she chooses.
 

Ohiogal

Queen Bee
This is Cali folks...why hasn't this "man" been arrested for statutory rape?
They would have to arrest her as well because he was under age 18 when they started having sex. So they both raped each other. YOu can't say that she didn't do anything wrong when she was also having sex with someone under the age of consent. If they tried that there are constitutional arguments about equal protection. Once he turns 18 that changes but until then... they are both culpable for being charged for their actions.
 

Zigner

Senior Member, Non-Attorney
They would have to arrest her as well because he was under age 18 when they started having sex. So they both raped each other. YOu can't say that she didn't do anything wrong when she was also having sex with someone under the age of consent. If they tried that there are constitutional arguments about equal protection. Once he turns 18 that changes but until then... they are both culpable for being charged for their actions.
It's possible that the guy turned 18 before she got pregnant.
Also, the ages are really close to being in the misdemeanor range (3 yrs), so it's quite probable that nobody would be arrested anyway...
 

commentator

Senior Member
Well, after a couple of readings, I'm still confused. Your daughter is 16, the boy is 19. Is he employed? In school? How about your daughter? What about school? How are they supporting themselves? Do they have transportation? You've mentioned several times that she caught up in school, did college courses. Now what? Is she on track to, at some point, be able to graduate, think of getting more training, becoming able to support this child she has? It sounds to me as though she is living at your home, you're the principle child carer (which is nice, if you can afford it) providing everything for both she and her baby, including care, as she apparently spends the majority of her time in relationship with, back and forth with, at home with, or at his house with the boyfriend. Good work if you can get it. Who buys the diapers? Who keeps them all in food, clothing and shelter? Are his family receiving public assistance? If so, is the baby on their case?

If your daughter is "not ready" to go to court and have some child custody orders set up, suggest she move out of your house and try to work something more formal out with this young man regarding the child's support and custody arrangements. If DCS gets involved, there will be some definite establishment of who's on first, at least. Your daughter be proactive by trying to get this set up, or she can wait for you to force the issue.
Of course she likes the way things are right now. However, I do not see the current
situation persisting very long. The boyfriend will want to move on. Eventually your daughter will grow up as will your granddaughter. The baby will become less and less manageable and more and more of a job as she begins to walk and talk and have to be watched and dealt with more and more. I think going to court to establish the child's paternity and custody arrangements of some type are the least minimum thing you need to get going before the boyfriend either does actually do away with himself (not your problem anyhow!) or just gets tired of the drama, says it isn't his baby and moves to another girlfriend. Yes, from the stories we are hearing, some of what he is doing to your daughter is abusive, but I suspect it is one of those things you only hear about when she is trying to manipulate you do do what she wants. SOMEBODY has to be the adult here, and there are not too many viable candidates.
 
It's possible that the guy turned 18 before she got pregnant.
Also, the ages are really close to being in the misdemeanor range (3 yrs), so it's quite probable that nobody would be arrested anyway...
Yes, we have spoken with a police officer from our local department and he brought up the 3 year rule as well.
 
Well, after a couple of readings, I'm still confused. Your daughter is 16, the boy is 19. Is he employed? In school? How about your daughter? What about school? How are they supporting themselves? Do they have transportation? You've mentioned several times that she caught up in school, did college courses. Now what? Is she on track to, at some point, be able to graduate, think of getting more training, becoming able to support this child she has? It sounds to me as though she is living at your home, you're the principle child carer (which is nice, if you can afford it) providing everything for both she and her baby, including care, as she apparently spends the majority of her time in relationship with, back and forth with, at home with, or at his house with the boyfriend. Good work if you can get it. Who buys the diapers? Who keeps them all in food, clothing and shelter? Are his family receiving public assistance? If so, is the baby on their case?

If your daughter is "not ready" to go to court and have some child custody orders set up, suggest she move out of your house and try to work something more formal out with this young man regarding the child's support and custody arrangements. If DCS gets involved, there will be some definite establishment of who's on first, at least. Your daughter be proactive by trying to get this set up, or she can wait for you to force the issue.
Of course she likes the way things are right now. However, I do not see the current
situation persisting very long. The boyfriend will want to move on. Eventually your daughter will grow up as will your granddaughter. The baby will become less and less manageable and more and more of a job as she begins to walk and talk and have to be watched and dealt with more and more. I think going to court to establish the child's paternity and custody arrangements of some type are the least minimum thing you need to get going before the boyfriend either does actually do away with himself (not your problem anyhow!) or just gets tired of the drama, says it isn't his baby and moves to another girlfriend. Yes, from the stories we are hearing, some of what he is doing to your daughter is abusive, but I suspect it is one of those things you only hear about when she is trying to manipulate you do do what she wants. SOMEBODY has to be the adult here, and there are not too many viable candidates.
The boy is not employed or in school. He graduated high school with my older daughter in June of 2019 and has had a few jobs but has been let go of every job he has gotten for some reason. Even prepandemic. He hasn't worked in about a year. He sleeps on the couch at his paternal grandma's house. He has no transportation and his parents and grandparents support him.

My daughter is halfway through her junior year in high school. She is doing very well. She attends a charter school which is a homeschool hybrid program. She's been a student there for a few years and they know her difficulties and work closely with her. It's a very small school and they are able to do so. My daughter is interested in continuing on in college after high school and I plan to give her as much support as possible. I am her transportation as she doesn't have a license or a car yet. Due to her past history with mental illness, her school wants her to focus on schoolwork and raising her baby for now and they will not issue a work permit for her to get a job for the rest of this school year.

I'm not the principal caregiver any longer, I help out with the baby now. My daughter spends her time doing schoolwork, pumping every 4 hours, and caring for and playing with her baby. She's not at the boy's house, she's on the phone with him a LOT.

She told me about him putting his hands on her when they weren't together for several months and she thought they would not be getting back together. Now that they are back together he can do no wrong.

I buy diapers, food, support my daughter and grandbaby completely. She is not on any type of public assistance. I don't know or care if his family receives public assistance for themselves but I do know they don't receive any for the baby.

I was principal caregiver for a few months. Yes, it was "nice." It was borne of years of self discipline. I started doing the Dave Ramsey program and paid off all of my debt. Then I developed a fully funded emergency fund. When the pandemic hit, my pulmonologist ordered me to isolate so I was eligible for PUA as I am self-employed. Since I have no debts, we have very little overhead, so I am able to budget strictly and use the unemployment and still have some of my emergency fund left. It was "nice", but it was an emergency at the time and we were prepared for it. If I had been needed to continue raising the baby, I would have done so. I make my own hours so I can schedule my work around family responsibilities. Luckily my little girl doesn't want that and she wants the joy of being the baby's primary caregiver.

My daughter doesn't want to go to court because she prefers to work things out with the baby's Dad. He has threatened to take the baby before and she is scared to go to court, but she is also trying to work things out with him so she doesn't want to file as she thinks it would make him mad. I am unable and unwilling to throw a 16 year old girl and a baby out of the house. I agree that a specific court order would be beneficial in this situation.
 
I don't see CPS doing anything because the child is having all of her needs met and is not being abused or neglected.

I will say that Mother is the parent of the child. She can allow the baby's father to see the baby whenever and you cannot control that. This baby is not yours and you have NO LEGAL rights to the baby. You could sue for custody and prove that both parents are unsuitable to raise their child. But you would have to prove that both of them are basically unfit.

While you can parent your daughter, your daughter gets to parent HER child how she chooses.
I understand. I don't want to be the baby's parent...but I do worry about the baby's safety. And yes, the baby is very well cared for in our home. We have a large family and we all adore her.

I don't want to prove anyone unfit. I really do want to see both parents succeed. I've researched resources for them and I will be providing transportation and childcare while they attend an upcoming parenting class. I just worry that with the history involved, unsupervised parenting time may be moving too quickly.
 

Ohiogal

Queen Bee
I understand. I don't want to be the baby's parent...but I do worry about the baby's safety. And yes, the baby is very well cared for in our home. We have a large family and we all adore her.

I don't want to prove anyone unfit. I really do want to see both parents succeed. I've researched resources for them and I will be providing transportation and childcare while they attend an upcoming parenting class. I just worry that with the history involved, unsupervised parenting time may be moving too quickly.
Your daughter got unsupervised parenting time from jump and she had issues. Why was that allowed?
 
Your daughter got unsupervised parenting time from jump and she had issues. Why was that allowed?
She doesn't, really. She and I and the baby share a room. I move into the master bedroom with her before she gave birth so I could help her with the baby if needed as she had no experience with babies. We also have a large family. It's rare that she's truly alone with the baby. 2 of her sisters still live here as they work their way through college. Also my 26 year old daughter has had to move back home with my 6 year old grandbaby due to financial issues. In the common rooms there is almost always another family member. I still often do the 2a.m. feedings, since we share the room and it is easy to get up with the baby and let my daughter rest for school the next morning. My daughter has a lot of support. Our family is very close knit.

Daughter and baby had been going to baby's paternal grandmother's house for occasional visits. Paternal grandmother has a history of drug addiction but has been clean for over 5 years, works and raises her youngest child and appears to be a pretty decent human being and loving mom and grandma. Unfortunately, an Uncle lives there who attacked dad and choked him about a month ago. We did a background check and found out said Uncle is a wanted felon with a current warrant and has a long history of violent crimes including attempted murder x 3. Both mom and dad have agreed not to have the baby at paternal grandmother's due to the uncle's issues since we got the background check back. The baby's Dad's family has such a heavy history of drug addiction and criminal activity, both my daughter and the baby's dad are trying to move past it. That's why baby's dad is sleeping on his own paternal grandma's couch right now instead of living at his maternal grandmother's, where he has his own room.

I can see the baby's Dad WANTING better for both himself and the baby. He just needs the tools and support to learn differently than the street mentality he was brought up with.
 
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