How Can Grandparents Get Custody

My question involves a child custody case from the State of: missouri

Hello, first time in these forums.

I'm trying to get some general information on child custody.
First let me give you some facts.

The child is a little boy, almost three years old. He has lived with his grandparents
For about 2 and a half years now.
The boys father and mother divorced a couple months
After he was born and the father got full custody of him.
Just within the last couple days
The father was arrested and is looking at going to jail for atleast 5 years if not more.

Both the father and mother has been together for the last 3 to four months, the father
For sure has been doing drugs, we know pot for sure and some sort of pills. Pain killers
Most likely but I can't say for sure. I can't say 100% that the mother has been using
Herself but we know she used to.
The reason the mother and father split up is cause the mother didn't want to be a wife or
A mother.
I believe that is everything but let me explain the problem.

Now that the father is in jail and may go to prison we are trying to figure out if it is
Possible for the grandparents to gain a temporary custody or full custody if possible.
The mother has made one comment about taking the child but what is best for the child?
His grandparents love him and care for him a great deal, what's the best thing we can
Do or who is the best people to tak to?

So is it clear that Mom absolutely DOES NOT want custody of the child? That's the big question.

I'm under the impression that she does, she has made one comment about taking the child. She said she wants him. But has not contacted anyone in the family about the matter again.

IF she wants her child, she's the natural choice for custodial parent.

If the grandparents (or anyone else) want to file for custody, they'll need to sue both parents. And they'll NEED an attorney. However, it seems a little soon - everyone needs to really settle down and wait to see if Dad is actually convicted of anything.

(So far he's just been arrested, yes?)

The matter of his future is sure. It is only a matter of how long is he going to be in prison.

Who has the child as of right now? When is Dad going to be sentenced?

The grandparents hve him now, he has been with them for a couple years now. I don't know the exact date, he was cought tryingto flee the country from a previous case that has been drawn out over the last 2 years.

Okay - wait a second. Has he been incarcerated this entire time? Or he had a previous case and was recently picked up after trying to flee?

He was out on bail and going to court as he should. His lawyer has bought him a couple years and his sentecing was last week. He tried to flee and got cought and is now in the local jail waiting for trial is my best guess. He has been in jail since Friday.

Right, okay.

The grandparents should file for guardianship. This is the important statute. Unfortunately I can't seem to find the MO guardianship forms online, but they'll be available at the court-house.

Grandparents should also, in my opinion, have at least an initial chat with a local attorney - s/he will know the local climate and how the courts tend to deal with these matters. It will be worth the cost (that's if there is a cost at all).

ok thank you very much. I will pass on the informaton and hope for the best. Thank you for your time and if you have any other advice, please do let me know. Thanks again