My son & girlfriend had a baby. Mom was addicted to heroin.The state is taking the baby from mother. Custody to me and husband?
The state is granting me and my husband temporary placement. We have done fingerprints, drug screen, home check and background checks. We passed all. The court system wants my son to only have supervised visits with his daughter. Both parents want to give me and my husband guardianship. We do not want to lose our granddaughter due to the state. Is there any way that an attorney can help grant us custody? Or are we stuck with the state making the decisions for our granddaughter? We do not want to lose her and get caught up in the state making decisions.
2 attorney answers
If your son and the baby's mother will consent you may be able to adopt. Otherwise you should seeka guardianship. You need to understand that your son or the mother can go to court later and take the child back if they clean up their act if there is a guardianship.
While I agree that both adoption and guardianship are possibilities, I would also point out that if there is an open CHINS case, you must give the Department of Child Services notice of your actions. It will be helpful to you if DCS supports your position and not helpful if they do not. You need to consult an attorney and provide all the facts to that person who may then counsel you as to the correct route to take.