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bervinsgirl · Aug 30, 2007, 12:06 PM

My son and his soon to be ex wife were homeless a couple of months back, and they have a two year old daughter, my granddaughter. Due to circumstances that I won't go into, they voluntarily put the baby in the temporary custody of non family. It is recorded in juvenile court. Now, my son and his wife are separated, he has a job, and a room that he rents. He wants to get the baby into his custody with me, the grandmother, as the supervisor in this. He wants the baby to live with me. The mother is a known crack addict, won't work, and every couple of months moves to a different place. She stays homeless most of the time, because nobody will put up with her drug use and lying and stealing. Even stealing from her elderly grandmother that raised her. My questions:
! If the parents of a minor child voluntarily sign temporary custody over to someone that is not family (signed in juvenile court) do the parents still retain their parental rights, can they get the baby back when they want to? Son says it is written in the papers that he can get her when he has a job and a home. Or do they have to go to court?
2. How would the father go about filing for custody under my supervision? (he is not yet divorced.)
3. Can I as a blood grandparent petition for temporary custody even after they signed temporary custody over to others?
$. Where would we have to go to file for temporary custody and do we need a lawyer present when we do that?

Fr_Chuck · Aug 30, 2007, 08:02 PM

As you noted, if they signed "temporary" custody that is all it is, temporary, and they may go back to court and after home surveys and working with chidrens service, they can get the child back. They have to go to court, show the court the job, and the home and so on. Only the court and reverse the "temporary" order

2. And of course you should have gottent he temp custody back then
You can of course file for temp custody of the child instead of the other party , not sure what the court would do.

You file in family court though children services, and yes you will need an attorney to actually win.