Go file a Temporary Protective Order ASAP. You will see the judge immediately upon doing that. You can do it at your local courthouse. Ask him to grant it for 6 months. That should give the court enough time for a court date. Good luck!

good advise tessa..when I petitioned the courts for guardianship my attorney also filed a paper requesting that my grandson not be removed from my care until the court date. He had been in my care for 3 months with very little visitation by the mother, it was granted that same day and I had a court hearing the following week for guardianship. Good Luck! and keep us posted.

I think the paralegal must be confused. When my husband & I found out about drugs & physical abuse, we went to our attorney, and we & the attorney then were able to see the judge who granted us emergency temporary custody. That gives you immediate custody of the child until they can get a court date for you & for the parents to show up for. We went to the judge, the lawyer laid out the brief, bare facts, we swore we were telling the truth, the judge asked us a few questions, then signed the order. The next day the police showed up at our house to inform our daughter & her husband that they had to leave the premises immediately, and that we had temporary custody of the kids. We didn't say anything to them before hand, because we were afraid they would disappear, and we wouldn't be able to find them.

After that, they set up a court date & serve the parents with papers, so that they have time to get a lawyer & you can either come to terms, or they can challenge the order. We came to terms that we could all agree on (b/c the parents knew they didn't stand a chance of custody), and we've had temp custody for almost a year now. We go back to court Dec 5th, and will most likely be granted permanent custody.

My lawyer told me that since both parents are living in two different states and we have S., the judge will not feel that the child is in immediate danger. He filed a motion to get a quicker date. I understand that the parents have 60 days to reply to the petition.

How does the attorney Know how the judge will think? If the child goes back to the parents and will be in danger, what does it matter what state they are in? Have you contacted child protective services and asked them?

I think your attorney is taking you for a ride. It doesn't matter what state(s) the parents live in. A temporary protective order stops them from taking the child from you and it protects the child. The parents obviously did something really wrong for you to have the child. I have had 4 protective orders for my grandson until I go to court for permanent custody. I will protect my grandson from his sorry ass parents no matter what it takes.

I live in Las Vegas. I was in a similar situation. However, my daughter was briefly in jail. I had physical custody of my grandaughter and called CPS. When they got involved i rec'd temp. custody of the baby. When my daughter got out she raised hell tried to get her back. She called the police. When they arrived I showed them the paper and she went home. She then contacted CPS. They came to her home and of course everything looked perfect. Get this. If she choosed to do drugs and there was a safety plan for the child, she could have the baby back. That is exactly what happened!!!!!! I had to wait out until my day in court. I had to wait about 30 to 40 days. Letters had to be sent to immediate family members to know my intentions and to protest if they so choose. When we went to court she had to have a immediate drug test and we all had to show up in a week. I did get guardianship but the wait was awful. Remember, CPS philospy is to keep the family intact!!! I am NOT really happy with the system. I was lucky that I had a judge that was experienced and saw througb my daughter. Good Luck

what sheelif said is what we did to. I called our lawyer friend at home on a saturday he filed the the papers in court Monday and by mid afternoon we were headed to the home to take her.
I had to take a double look your stroy was so much like our's,shellif I though " I don't rememebr posting this"
Funny isn't it how we run across things on here and "someone is telling my story"

My lawyer called today. He said to come in on Monday and we can draw up an alternative agreement. My daughter does not want to be found unfit so she will agree on custody with visitation. I pray she is not stalling, but the petition is still filed and waiting on a court date. My daughter is not a bad person, she is bipolar and not taking her meds. During a manic state, she quit her job and decided she could make a new life in PA. Now she is there with no job and no way to come home because her car has been impounded. It is just a mess, but the baby needs a stable home without constant partying and neglect.

our local officer told us to go camping for the weekend, then monday we got emergency guardeniship of our grandsons, until the court hearing. They could not be removed from our custody until that court date. Good luck to you!