Grandparents Raising Children Support Group
This community is dedicated to grandparents who are the primary caregivers of their grandchildren. In cases where the parents are not willing or able to provide adequate care for their children, grandparents may take on the role of primary caregivers. Join the support group to find support, share your experience, and get advice from other members.
Biomom wants to give me custody. Gd has lived with me for last 15 months. And off and in before that. Biodad may try to fight for custody, but he's years behind on child support, married, yet loving with new girl friend and her 3 kids in a 2 bedroom trailer.. He can't seem to keep job. I believe he's alcoholic .he also has no car.
I have 4 yo gd enrolled in 4k , and numerous sports, I also have custody of her half sibling and they are very closely bonded . In Sc I should be considered de facto custodian since I have paid for almost everything without support from either parent for all this time.
How hard do you think it would be to get custody? Does anyone know of forms I could get in sc to file? Mom also has outstanding warrants for unpaid traffic tickets and is afraid to appear in front of judge without paying those $1000 fines.......should I fight this battle or just keep current arrangement with power of attorney signed by mom?
I have 4 yo gd enrolled in 4k , and numerous sports, I also have custody of her half sibling and they are very closely bonded . In Sc I should be considered de facto custodian since I have paid for almost everything without support from either parent for all this time.
How hard do you think it would be to get custody? Does anyone know of forms I could get in sc to file? Mom also has outstanding warrants for unpaid traffic tickets and is afraid to appear in front of judge without paying those $1000 fines.......should I fight this battle or just keep current arrangement with power of attorney signed by mom?
GMaWilli
If you feel it is in your GC's best interest to stay with you, I would try to get the Custody now while mom is willing to give it to you. It doesn't sound like bio dad has much to show for himself . Do you have an attorney who can give you his or her legal opinion?
daisydduck
For the safety of your gd, i w move forward w custody. Recommend you get attorney to file papers asap. A power of attorney is limited. Consider adoptionto make it permanen for childs security.
doctortyper
I would move forward with permanent legal guardianship or some sort of permanent custody. The mom may change her mind. I would start with legal aid unless you can afford an attorney. It cost us $4600 to get permanent legal guardianship of our gs. This was a shock because we thought the State would have paid for the gs's appointed attorney - not so. But it was worth every penny. This was after his mother passed away. His bio father had custody of the gs at one time but the gs was removed from his home by DHS for physical and emotional abuse and neglect. He didn't have a chance at custody, and our gs refused to live with him. The biodad did sign giving his permission for us to have permanent guardianship - he is behind in child support, not working, and doesn't have his own place to live. Good luck to you and keep us posted.
daisydduck
It cost us in the area of $80,000 to fight for custody of our gs because he was not in the system with DCFS, creating a situation where it was our word against theirs. The adoption itself was inexpensive. Guardianship, no matter how it is worded, is never permanent. I base this on two major seminars I have attended, one with family law judges in Cook County which encompasses city of Chicago, a major population center, as well as my participation in the state task force for grandparents raising grandchildren. Guardianship is always open to challenge by the biological parents. While you may have a strong case, the bio parent could take you back to court to challenge the guardianship, even if he/she originally was in favor. We had custody which gave us guardianship and the bio father (mother deceased) had his attorney contact our attorney to state he would relinquish his rights if we wanted to adopt. Adoption removes your ability to qualify for most benefits but secures your ability to protect gc.
dianaconroy
I would get guardianship through probate court. It's what we did. Although family court got involved we were given guardianship. It's true that parents can request termination of guardianShip at any time. But th burden of proof is on them.
daisydduck
Valid point and apparently in this case, there is strength on gp side. I am always cautious though when I hear the "permanent" guardianship and many people misunderstand that. I have heard much success using the probate courts. In those courts, they support the fact that gp has been providing for gc for a long period of time and therefore have Good point
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