Custody of grandson

[smtotwo]

Soc, I posted this on the custody board sunday.

We have since had another development. Last night biomom tried to commit suicide again-3rd time that we know of.
Son then took grandson to biomoms-2 1/2 hr drive with no drivers license.
_--------------------------------------------------------------
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. But stays with dh and i most of the time and we care for grandson.

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.

I'm afraid if we dont file emergency custody soon-next day or two, they will not view it as an emergency.

What are your opinions?

[socrateaser]

>Soc, I posted this on the custody board sunday.
>
>We have since had another development. Last night biomom tried
>to commit suicide again-3rd time that we know of.
>Son then took grandson to biomoms-2 1/2 hr drive with no
>drivers license.
>_--------------------------------------------------------------
>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. But stays with dh and i most of the
>time and we care for grandson.
>
>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.
>
>I'm afraid if we dont file emergency custody soon-next day or
>two, they will not view it as an emergency.
>
>What are your opinions?

If you already have legal guardianship then there is no emergency. If you don't then there is and you should file an ex parte motion to obtain guardianship.

[smtotwo]

neither county-brown county in wisconsin is county of original order,
nor oconto county which is where child has lived for over a yr have the ability to conduct ex parte motion without social services initiating the proceeding.

I HATE to have them get involved if it can be avoided. I think at this time I'm just going to really push son and ex g/f to stipulate to an agreement otherwise it will go to trial.

Thanks for the help Soc.

[janM]

Stress to the parents that this is a temporary thing, while they "take care of business" and that you need guardianship so that you can obtain medical care etc. for the child while he's with you. Make it sound like it will benefit them while you're really looking out for the child. Sounds harsh, but if they're substance abusers, they are only concerned with themselves.

Good luck and keep us posted.

Like I mentioned on the other board, do check out //www.grandsplace.org. for info and support.

[smtotwo]

Biomom tried to commit suicide.  BD had grandson at the time.  

2 days later Biodad had court date for previous missed court and unpaid fines.  Grandson was with me.

Court ordered immediate payment of fines or 17 days in jail.  Hes gonna sit because we cant afford to pay and he should have paid this long ago.

However, when I went to social services to try to keep grandson because of biomoms suicide they said that wasnt a good enough reason to get involved.

The next day mom picked up grandson.That was last friday.  Today she called and told me that she cant handle him and asked me to pick him up, which I gladly did.

Mom was released from psychiatric unit on the condition that she get 30 consecutive days of treatment  or be readmitted or sent to jail.
Her first appt isnt until Aug. 1st.  So she hasnt attended any appt yet.


1) Should I now just file for custody?  

2) Go back to social services with new developments?

I'm so worried about the constant moving.

Thanks in advance for any new advice.

[socrateaser]

>1) Should I now just file for custody?  

I said this before, and you never responded to it. If you have legal guardianship then there is no emergency and you can withhold visitation to the parents, in the child's best interests, and let them take you to court for contempt.

If you don't have legal guardianship, then you need to get it now. I don't really understand the status of your case. As for your not being able to approach the court for an emergency hearing, without social services' starting the action, I don't buy that. Every court has this capability.

I think you need to get yourself an attorney who can take your case to the appropriate judge, because I don't think I'm getting sufficient info here to really understand what's going on -- and you have a problem that cannot really wait for me to figure it out.