Custody of grandson

[smtotwo]

I'll try to keep this brief really need some advice.

G/S is 2. Biomom left over a yr ago, son has been
custodial for this time.

DH and I are actually primary caretakers. Son was
arrested for failure to pay support-birthing expenses.
He was pulled over for non registration of vehicle,
also received tickets for operating while
suspended-G/S was in the car, open intoxicant-blew 0.0
on breathalyzer. He failed to appear for court date
but no warrant shows up on CCAP. Son has low income
apartment and foodstamps.

Biomom has no permanent address she's currently with
her mother, was back with son for 3 weeks last month,
moved with friend last month, who kicked
her out. She hasnt had a job since g/s was born in
spite of not having custody, also she provides no
support.
DH and I, as recently as last week bought diapers,
clothes and shoes. Biomom continualy brings him home
w/o shoes/clothes/diapers. Son does this also.

Biomom has stolen sons adderal, and son has sold his
adderal. we just want baby to have a steady stable
home.

Biomoms dad and grandmother have both stated that they
would help dh and i with custody. And I absolutely
believe them, as we were friends with them before son
and biomom ever met.

Temp custody? Emergency custody? our biggest fear
is that son will get arrested and grandson will be
sent to biomom, who has attempted suicide, as have her
mother and sister.

HELP!!
Thanks everyone

[ocean]

Who has custody (through the courts on paper) now? Will both parents agree to you getting temporary custody? IF you can get them to agree to that it would be a lot easier. I would start getting copies of police reports and go and get a consultation from a lawyer. If in the meantime, something happens or you feel the child is in danger, call the police so it is documented. Good luck!

[smtotwo]

custody is supposed to 50/50 with no child support paid by either party.
However, neither of them support the child, DH and I do, as well as being primary caretakers.

And just a side note, troxel v. granville would not apply because we are arguing unfit parents, which was not an issue in troxel.

[janM]

I would consult an attorney.
You may have grounds for temporary guardianship. It may be easier if the parents agree, as your son does have a residence although his legal troubles should go against him.

Even though it seems that your home is the best place, the parents have all the rights, not you. The court will give them every opportunity to get their act together, or together enough to suit them, even if you don't think it's up to par. Even custody is not forever...some kids have been "re-unified" with parents after many years with their grandparents.

Go to //www.grandsplace.org and post there. They have lots of experience with this sort of thing. Tell them your state, as laws vary greatly.

Good luck.

ps...I'm a grandma too and we had our son's boy for 18 months, without legal custody (POA only). He is now back with dad (he has custody) and his "stepmom" and doing great. He is the exception, unfortunately. There are huge numbers of grandparents raising their grands and your story is, sadly, very common.

pps...DO NOT call CPS if at all possible. Don't get them involved. There is no guarantee that the child would be placed with you (even though they are supposed to place with family first) and if the child is very young they will push for TPR and outside adoption.