Can I get guardianship of my grandchildren?

Asked about 4 years ago - Deckerville, MI

My son and the mother of my grandchildren (ages 5, 4 & 3) were never married. Parentage has been established but there is no custody esteblished. I have court ordered grandparenting time. There has been an open CPS case since Feb. 09. The mother gave a POA to my ex husband's wife because she thought she was going to jail at CPS recommendation. CPS told me that I was not considered for their placement because I do not like the mother. The children are not in a stable environment because the ex's wife lets the mother take them whenever she wants to stay with her abusive now fiance' who is a 3 time parolee. These children have now been moved apprx. 30 times in the past 5 years and 18 over the past year that I know of.

Additional information

My son filed for custody recently but due to court reasons it has been delayed. Unfortunately, he lives with a woman who is addicted to Rx drugs and can't take care of her own two kids. What do I need to do to make sure these kids are safe & secure? Do I have a shot at getting guardianship of these children?

Attorney answers (3)

  1. James P. Frederick

    Contributor Level 20

    Answered . You certainly have a chance of securing guardianship, as it sounds like you may be the one stable influence in these children's lives. I agree with the other responder that you need to try to keep the emotional aspects out of it. The fact that the CPS is not necessarily on your side is a red flag for the court.

    I think that you will have ongoing issues with both sets of parents, but that is to be expected, under the circumstances.

    Best of luck to you and the children!

    James Frederick

  2. Christopher J. Berry

    Contributor Level 9

    Answered . From the sounds of it, the children need a stable environment, and you may have a chance go get guardianship of your grandchildren. The key in court will be to establish the stability of the environment you can provide.

  3. Jonathan Beau Dial

    Contributor Level 9

    Answered . As a paternal grandmother you have the ability to become guardian over your grandchildren. However, it will be an uphill battle. First, you must first prove that "mother" is unfit to parent your grandchildren. This should not be extremely tough do to CPS intervention in 2009.

    Secondly, you must show the court that appointing you guardianship over your grandchildren would be in their best interest (i.e., it would be better if you were guardian vs your ex-husband's wife...or any other person wanting guardianship). This is wear the difficulty will come in. In order to show this, you will probably be battling mother, ex-husband, and ex-husband's wife. This will take time and money...and there will be no assurances that you will receive guardianship.

    If you do decide to pursue this, let me stress that you need to keep it civil and not let your emotions show in front of your grandchildren. In ugly custody/guardianship battles, the persons that lose the most are the children being fought over.

    LEGAL DISCLAIMER
    Mr. Dial is licensed to practice law in IN with offices in Vanderburgh County. His phone number is 812-425-3592 or his email address is jbd@fine-hatfield.com.
    Mr. Dial is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Indiana law. Any references to a trust, estate, guardianship, business or adoption lawyer refer only to the fact that Mr. Dial limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Dial strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
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    LEGAL DISCLAIMER
    Mr. Dial is licensed to practice law in IN with offices in Vanderburgh County. His phone number is 812-425-3592 or his email address is jbd@fine-hatfield.com.
    Mr. Dial is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Indiana law. Any references to a trust, estate, guardianship, business or adoption lawyer refer only to the fact that Mr. Dial limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Dial strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. Thi

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