Ok. Two issues here, and how to go about doing this.STANDINGYou need to have standing to petition for custody. Standing becomes available when you are the immediate parent of the child, or the child has been living with you for the last 6 months. As gradma, you do NOT qualify for standing. But that's ok, because read on.CUSTODY DECISIONSThe Court decides on custody based on the rule of thumb of "best interest of the child
." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.
In this case, she is obviously not a good mother, but how to go about getting the children if you have no standing?CPSCPS has a mandate from the state for emergency custody if the child is being neglected. What they do is take the child away for 6+ months and let the parent clean up their act. Meanwhile, they place the child into a foster care
or a relative, i.e. you.So let CPS know, have them take the child, and ask for the child to be placed with you. In 6 months, petition for permanent custody.
Best of luck in your matter. I'm here if you need any more clarification or follow up info.
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