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.