My Daughter was evicted from her apt over a month and a half ago! I have had her kids since this happen sans a haircut she took them for. And kept them for two days! She has no stable environment for them , she is living with her boyfriend. Not my grandsons father, his mother and sister her three kids. They live in the GETTHO I don't want them to grow up around the drugs and violence That are prevalent in the household environment daily. What papers do I need to get to get guardianship of these boys. I have five acres A three bedroom two full bath a pool for the boys swings a clubhouse and on and on. Do I have any rights to their custody because she drops them off for a month or two at a time. then picks them up for a .day or two. I want them in school or daycare regularly.
You can potentially gain custody through a petition for temporary custody by extended family. In that case, if the mother and father will not consent to the boys living with you, you will have to prove by clear and convincing evidence that the parents are unfit. This is similar to what DCF would do, but is a private cause of action. In order to do this correctly you will need to hire an attorney.
R. Jason de Groot, Esq.,
Short answer at this moment, no you do not have any rights. As the mother she can come to your home and take her children right now. If it is that dangerous, I would get DCF involved; call (800)96-ABUSE. Doing so, if there is case, will allow the investigator to open a dependency case and "shelter" the children. Since you are the grandmother, chances are you will be the likely candidate to keep the children during the dependency process. But, when DCF is involved, ALL parents are contacted. This means the children's father will be notified and have the ability to take the children if he is deemed stable. It would be in your best interest to retain an attorney during this process to guide you through dependency court and the possibility of making you the legal guardian. Good luck.