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peppercoco · Sep 11, 2013, 06:05 PM

My grandson is 12 yrs old lived with his mom in Arkansas I live in dallas . She recently let him visit his dad and aunties in a couple states over and now we find out that she can't care for him, she on drugs, has no place to live so she living with different men that's been abusing her and my grandson. The problem is she wants him to live with his dad but his dad is an alcoholic who can't provide anything for him as well as never has paid any child support, owes back child support his name is not on the birth certificate and there has been no paternity test. I know this is my grandson without a doubt that is not the problem . She will not give legal custody to anyone because she still gets foodstamps and afdc for my grandson. His aunts in Arkansas are having problems getting him registered in school and he has missed the first three weeks. I want to get custody of my grandson but do not know where to begin. My daughter wants to send him to me asap.Iam thinking that having physical custody of him would be to my advantage but Idont want to prolong him getting in school. His aunt is having problems with her husband and needs to find a home for him asap. Can anyone help

ScottGem · Sep 11, 2013, 06:08 PM

Get an attorney who can help you grain custody. That's where you start.

peppercoco · Sep 11, 2013, 06:10 PM

Originally Posted by scottgem

get an attorney who can help you grain custody. That's where you start.

No money for an attorney

N0help4u · Sep 11, 2013, 06:28 PM

Is your daughter willing to sign guardianship over to you or not? If she is go to family court and ask what you need to do. I know lots of people that don't user attorneys if they are in mutual agreement.

ScottGem · Sep 11, 2013, 06:35 PM

Then call cps.

dontknownuthin · Sep 11, 2013, 06:48 PM

I agree.call CPS. If the state us involved they will get the legal work to give you temporary guardianship, assuming you are fit to be the guardian. They will likely also arrange for you to recurve a monthly stipend to help with the child's expenses and can probably enroll him for government health and dental care.

dontknownuthin · Sep 11, 2013, 06:49 PM

Originally Posted by dontknownuthin

I agree.call CPS. If the state us involved they will get the legal work to give you temporary guardianship, assuming you are fit to be the guardian. They will likely also arrange for you to recurve a monthly stipend to help with the child's expenses and can probably enroll him for government health and dental care.

Oh lord... I'm having computer issues. Sorry for the typos.

N0help4u · Sep 11, 2013, 06:51 PM

IF you have to go the CPS route make sure you let them know you want guardianship of your grandson. You don't want him getting caught up in the system.

J_9 · Sep 11, 2013, 06:54 PM

The only problem with CPS that I see is that the custodial parent is in one state and the person wanting guardianship is in another state.

CPS is reluctant to move children so far away from custodial parents as their main goal is supposed to be to rehabilitate and reunite families.

N0help4u · Sep 11, 2013, 07:03 PM

That is one of the problems with CPS. OP says daughter wants to send him asap, but doesn't want to lose her foodstamps. That is why I suggested mutual guardianship. But mom would lose foodstamps. I am wondering if the mother would be willing and able to move closer to the grandmother so they could work together on this.

ScottGem · Sep 12, 2013, 03:13 AM

Originally Posted by J_9

The only problem with CPS that I see is that the custodial parent is in one state and the person wanting guardianship is in another state.

That's why I think an attorney is necessary. With multiple states involved and the custodial parent not completely willing to give up custody, with the child icurrently with another relative, this is very messy.

AK lawyer · Sep 12, 2013, 05:28 AM

The mother can sign a "temporary guardianship" authorization which she could revoke when and if she pleases. That way, there is no way to get CPS or the courts involved. These are available online.

N0help4u · Sep 12, 2013, 05:32 AM

Like J9 and Scott stated and I was getting at, with dufferrent states and mom doesn't want to loose food stamps, it may not be all that easy to even do any guardianship type thing.

ScottGem · Sep 12, 2013, 05:47 AM

If the sole goal is to allow you to register the child for school and authorize medical care, a Temporary Guardianship form would suffice if the legal parent will sign. But if you want legal custody, then you need a lawyer to unravel this mess.