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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My grandchild is with me 90% of the time. The mother uses

Customer Question

My grandchild is with me 90% of the time. The mother uses drugs including but not limited to Meth and drinks with child in her custody. The father uses marijuana (all that I am aware) and drinks with child in his custody. Both are unavailable at times to be reached, and have disappeared for several days at a time while the child is in my custody. This child has severe allergies and asthma and when at the mothers home they continue to smoke with him in the home. I have had to make my son repeatedly take him to the doctor due to his breathing upon returning home. I want to know what I am able to do to gain guardianship as anytime they decide they pick him up and leave him with freinds and return him when they decide to. He is 3 and needs more stability. Does he or I have any rights to change this situation. I don't want to take him away from his parents, but want to have more of a say in what he is constantly exposed to since I end up with him and have to get him resituated over and over.
Submitted: 3 years ago.
Category: Family Law
Expert:  Samuel II replied 3 years ago.
Hi

I am an attorney with more than 25 years experience. I will provide your information today and look forward to assisting you.

I am sorry to hear of this matter for your grandson. He is very fortunate to have you, a stable force, in his life.

I suggest that you can file for a guardianship of the child via the court in your county/parrish. But I am sure you are going to meet strong opposition from the parents.

I suggest that one of the best ways to help get you the guardianship so that you can have full control is to contact your local Children Family Services.

Now, I know that too is very concerning because the parents are going to be livid that you would bring the CFS into their lives. And if for some reason the CFS does not find that the parents are unfit and the child needs to be with you then the parents cannot be forced to allow you visits. So you have that risk.

Either way it is risky to try to go to court on your own or to have the CFS involved because you really do not know what it will do or say.

The other option is to have the parents agree to give you the Guardianship and if they do that and you file in Court then there is no opposition.

Those are your options.



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Customer: replied 3 years ago.


I have also looked into grandparents rights which can be sought if the child is kept from me for 90 days, and I have had CPS and police involvement which got me nowhere as they say its a custody issue and they have no say. CPS give the parents notice of the visit in order to get things under control and clean prior to their involvement, they also refuse to intervene with any type of drug testing to show the danger that the child could be in potentially.

Expert:  Samuel II replied 3 years ago.
Hi

Yes, You can file for visitation. And I apologize I was under the impression from your first post that you wanted custody

Click onto this link and you can read the Missouri law in that regard.

If you feel the child is in danger and CPS is not doing its job, then I suggest you can contact the District Prosecuting Attorney in your county and tell them that CPS will not investigate and you are very concerned for the saftety and wellbeing of your child




My goal is to provide you with excellent service - if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate me when you are done.

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