I have a godson whose mother is a convicted felon for forgery/writing checks, and is on felony probation, she was recently arrested, they had a bench warrant out for her arrest. She went to court, plead guilty, and went to court this morning to see what the charges were, they consisted of: usage of alcohol, usage of marijuana, usage of methamphetamines, failure to make curfew, failure to finish counseling, failure to make her rehabilitation...She was originally given 3 years with 2 indeterminant? What ever that means. She ended up with probation, community service, which she hasn't done and restitution that has not been paid. I know she will get jail time, but I am so concerned for her son, my godson and what will happen to him. Any thoughts out there as to what might happen> I need to make accommodations for her little boy. Please anyone with any ideas/thoughts please respond

N0help4u

Most likely at the very least she will have to spend the 3 years in jail.

Fr_Chuck

Yes I would say she is gone for some time, first on the probation and then she will have to face new charges for the drug charges ( assuming she was charged) Are you keeping the child now. Most likely you will need to see about getting temp guardianship over the child at least til she gets out of jail. You can wait till she is sentences assuming she is letting the boy stay with you, while she is now locked up

twinkiedooter

She will definitely be spending some time in jail. She may be sentenced to her original 3 year sentence. She has to make arrangements for her son before she leaves and goes to jail. It is essential that she do this as trying to do anything from jail will be next to impossible to accomplish. This is where your help will be essential in making sure her son is properly taken care of in her absence.

JudyKayTee

She has to make arrangements for her son - temporary custody, most probably.

You have no legal standing here.

And I agree with the others - she was excused from jail if she met certain conditions and did not so she most likely will go to jail.

l1saraye

I do have legal guardianship/Power of Attorney for my godson in the event that anything happens to her. I have been hesitant to take him from his home until I knew what was going on. He has adult siblings where he currently resides, and is safe and taken care of, but if she goes to jail for any length of time, I will then need to move him, but did not want to cause undue stress for him. Thank you all for your help and insight, every little bit helps

JudyKayTee

A Power of Attorney has nothing to do with this situation. I would ask an Attorney for advice - if "something happens to her" might mean her death or it might mean something more comprehensive.

The Law would prevail and if a blood relative wishes to take custody of the child the wishes of the mother could very well be ignored. Of course, there would be a hearing and all living situations would be evaluated.

l1saraye

We had an attorney draw this document up just in case this exact situation occured. The mother knew that the odds were against her, and wanted to make sure that he was taken care of, there is no family fighting for custody, it is understood that due to financial reasons and stability he is to be with me.

JudyKayTee

I belive it can still be challenged - the mother cannot waive the legal rights of her blood relatives - but it sounds like you should begin to make your move to take custody.

What does the mother say about this?

l1saraye

we discussed it right after she was arrested, we both decided to wait and see what the final outcome was. I already provide monetarily and he spends a great deal of time with my family. Their family does not have the stability or monetary means with which to take care of him, and while they may want to keep him, they know it is not possible. I just hesitate to uproot him until we know exactly what is going to happen.