ExpertLaw.com Forums

Grandparent Wants Custody of Grandchild Due to Parent's Addiction

Printable View

  • 09-03-2015, 02:15 PM
    thereformygrandson
    Grandparent Wants Custody of Grandchild Due to Parent's Addiction
    My question involves a child custody case from the State of: Illinois
    My daughter has had a problem with alcohol. I have tried to help her. I put her in a treatment center for about a month and have tried to go to aaa with her, but she doesn't wish to go. I have put up with her and her relapses way to long and all because of my grandson. She lives with me, but as of yesterday she is in jail. she went hysterical . I have never called the police on her because of my grandson. I just shield him away from what has happened in past. I will not be bonding her out. She spit in officers face and tried to put her hands on them. Anyhow, I want to try to use this time to gain custody of my grandson because I fear for him once she comes out. I need help and just don't know where to start off. Please guide me. I am in dupage county. She does not work. I support her and my grandson. He is 5 years old, and I have been supporting them both. I have had enough. she brings sadness to us all. In my home when I have caught her hidden cases of beer or wine, I grab them and empty them out.. Along with that comes all the cursing she does towards me. She just came from a treatment center in end of June and has not changed. I take my grandson to school now 3 times a week and leave work to pick him up and drop him to her. she has been taking this time to drink, and I have no idea where the heck she is getting it from. I want to know if I have a case? I have no idea where to begin and am overwhelmed
  • 09-03-2015, 02:35 PM
    Dogmatique
    Re: Grandparent Wants Custody of Grandchild Due to Parent's Addiction
    Where is the father?

    If she is living with you, it will be just about impossible to prove that she's unfit and that the child is in danger - hence no need to change custody. Even emergency custody likely won't wash.
  • 09-03-2015, 03:07 PM
    thereformygrandson
    Re: Grandparent Wants Custody of Grandchild Due to Parent's Addiction
    the father is around. he is good with HIM. Him and I are on the same page that I take my grandson. He is also young and living with his mother. My daughter is not living with me as of yesterday. she is not allowed back to my home. my grandson has been safe because I am around. she leaves and I stay with him.. she has walked over me and I have allowed this only because of my grandson because she has threatened to take him with her if I kick her out. there has to be something I can do
  • 09-03-2015, 03:07 PM
    llworking
    Re: Grandparent Wants Custody of Grandchild Due to Parent's Addiction
    Quote:

    Quoting Dogmatique
    View Post
    Where is the father?

    If she is living with you, it will be just about impossible to prove that she's unfit and that the child is in danger - hence no need to change custody. Even emergency custody likely won't wash.

    It appears that she is in jail and grandma is not going to bail her out. That would be a valid reason to file for emergency, temporary custody. The problem there is if she doesn't actually stay in jail very long, the temporary custody might not become permanent once the case is fully heard. Then of course there is also the issue of the child's father.
  • 09-03-2015, 03:14 PM
    thereformygrandson
    Re: Grandparent Wants Custody of Grandchild Due to Parent's Addiction
    my grandson father and I have shielded my grandson from a lot. He is on board with me on taking custody. He cannot do it. He does not have the resources for grandson to take him to school, provide fully for him. He will even go with me to try to get custody. I just don't know where to start. I don't know how long she will be in jail for. im not bonding her out, and I went online and it states that her case is awaiting trial.
  • 09-03-2015, 03:15 PM
    Dogmatique
    Re: Grandparent Wants Custody of Grandchild Due to Parent's Addiction
    Quote:

    Quoting llworking
    View Post
    It appears that she is in jail and grandma is not going to bail her out. That would be a valid reason to file for emergency, temporary custody. The problem there is if she doesn't actually stay in jail very long, the temporary custody might not become permanent once the case is fully heard. Then of course there is also the issue of the child's father.

    Okeydokey.
  • 09-03-2015, 05:07 PM
    llworking
    Re: Grandparent Wants Custody of Grandchild Due to Parent's Addiction
    Quote:

    Quoting thereformygrandson
    View Post
    my grandson father and I have shielded my grandson from a lot. He is on board with me on taking custody. He cannot do it. He does not have the resources for grandson to take him to school, provide fully for him. He will even go with me to try to get custody. I just don't know where to start. I don't know how long she will be in jail for. im not bonding her out, and I went online and it states that her case is awaiting trial.

    Again, you probably could get emergency, temporary custody. However, that custody would only be good until a full hearing could be scheduled for permanent custody, which would typically be 30-90 days after an emergency order. Parents have the constitutional right to the custody and control of their children and the standards for finding a parent fit for custody are quite low due to the constitutional protections.

    You would need to go down to your local courthouse to obtain the forms to file for emergency, temporary custody. Whether or not you should actually do so depends on a lot of factors that are not in evidence right now. For example, if this is the first and only time your daughter has been arrested for an alcohol related offense, and your grandson was not present at the time the offense happened and was in no direct danger, then odds are that even without you bailing her out she isn't going to end up staying in jail for any appreciable amount of time...maybe not even more than a few days right now, even without you posting bail. If this is the umpteenth time that mom has been arrested for an alcohol related offense then that changes the story.

    You honestly need at least a consult with a local attorney. However, based on what you have said so far, odds are that mom is going to be released on her own recognizance in a few days and may not get anything more than probation. If that is the case, you are not going to get custody...even on an emergency, temporary basis.
  • 09-03-2015, 07:52 PM
    Mr. Knowitall
    Re: Grandparent Wants Custody of Grandchild Due to Parent's Addiction
    You are talking about getting guardianship of a minor -- something that is pretty thoroughly explained here.
All times are GMT -7. The time now is 12:04 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved