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how can i prove my 28 year old daughter is an unfit mother,

 
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Customer Question

how can i prove my 28 year old daughter is an unfit mother, in order to get temp custody of my granddaughter?

 

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State/Country relating to Question: Illinois

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Submitted: 987 days and 18 hours ago.
Category: Legal
Value: $19
Status: CLOSED
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Expert:  xavierjd replied 987 days and 18 hours ago.

Thanks for using JustAnswer.com

 

How old is your granddaughter?

 

What makes you believe at your daughter is unfit?

 

Thanks

Customer replied 987 days and 18 hours ago.

my granddaughter is 9. My daughter is an alcholic, she's had 2 dui's and has gone to counseling, she went to work drunk and had to go to counseling again, she still drinks, she takes off when ever she wants, knowing I will take care of the 9 yr old {they live with me and my husband} I believe my daughter is bi-polar, mental issues run on my husbands side, but my daughter doesn't think she needs help, she walks the streets at 3 am drunk, I can't physically stop her and I wouldn't even try it would cause a scene. sometimes she takes the kids to the park and comes back drunk. This has been going on for 9 yrs. I have called the police half a dozen times, either she is throwing things slamming doors, or threatening to kill herself. They just make her leave. I make sure the 9 yr old is not witnessing these things the best I can.

the 9 yr olds dad does not pay child support, he see's her about once ever year or year and a half. I'm afraid he might be able to take her if I start any processs and I can't take that chance. since she doesn't even know him. Don't know what to do

 

Customer replied 987 days and 17 hours ago.

There are numerous other situations I haven't mentioned. She has a bad mouth, she cused out the 9 yr old, one of her boyfriends crawled through the 9 yr olds bedroom window in the middle of the night looking for my daughter, sometimes she'll be gone for 2-3 days, and I have my granddaughter asking "where's Mommy?" I've had to be Santa, the Easter bunny and the tooth fairy. There's more. I could get testimonies from some parents that have witnessed her being drunk when she's suppose to be in charge of taking care of the children. D.C.F.S won't get involved UNLESS something bad has already happened to the child. What a shame.why wait, why make the child suffer a bad experience.

Accepted Answer

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Expert:  xavierjd replied 987 days and 17 hours ago.

Thanks for all of the information. I am so sorry for you and for your granddaughter. It must be so difficult for you to try to give your granddaughter a sense of normalcy.

 

Unfortunately, the only way that you will be able to gain temporary/permanent custody of your granddaughter is to make a complaint to The Department of Children and Family Services.

 

Below is a link to the Department's website:

 

http://www.state.il.us/dcfs/child/index.shtml

 

If you make a complaint, within 24 hours, an investigator will contact you and also speak to your granddaughter confidentially. If there is cause to open a case against your daughter and the father, it may be possible that your granddaughter is placed with you. The Department's goal is to, first and foremost, ensure your granddaughter's safety. Given the description of your daughter's problems, the issues with the father, and what your granddaughter has had to witness, your granddaughter may be taken into protective custody pending a hearing in the family court. You could come forward and seek to become temporary guardian. Her parents may come under the jurisdiction of the court and have to do a myriad of things so as go regain custody of your granddaughter. Some of those things may include parenting classes, alcohol and drug testing, substance abuse counseling, no criminal convictions, and any other conditions placed on the parents by the court.

 

You really are in a position where you HAVE to report the abuse and neglect of your granddaughter. You KNOW that your granddaughter is at risk. If something were to happen to her (God forbid), you may NEVER forgive yourself.

 

If your granddaughter's father hasn't seen her but once in the last year, it is doubtful that he will return to take custody of her. Even if he were to try, if the department or court did not find him to be a proper person to have custody of your granddaughter, the court could appoint you as temporary guardian. As such, you would have the ability to make medical and legal decisions for your granddaughter and become eligible for services for you and for her.

 

I know that you are afraid that your granddaughter's father may try to take her, but if you don't report the abuse, something bad could happen to your granddaughter.

 

Best of luck to you.

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

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Customer replied 987 days and 16 hours ago.

Thanks for all the info, unfortunately I will not put my granddaughter through all that, she won't do sleep overs, she would be devastated if she had to go to a strangers house. I couldn't put her through it. She also love's her Mom to death, they are very close, so I will keep doing what I do. Put up with my daughter behavior, which is off and on, and keep glossing over it all to my granddaughter, she's a happy smart nice little girl and I am determined to keep her that way no matter what. She's old enough now to know that her Mom has a problem and we can talk about what behavior is good and what is not acceptable, sometimes I think the 9 year old is more of an adult then the 28 yr old. Thanks again.

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Expert:  xavierjd replied 987 days and 16 hours ago.

I can certainly appreciate your position. But unless your daughter gets help, she will not be a good mom to your granddaughter. Also, and very importantly, if your daughter takes a drink and gets behind the wheel of car and gets into an Accident, you daughter, granddaughter or another innocent person may be injured or killed.

 

Your granddaughter is very impressionable at her age. You are trying to protect her in your own way. You may think that she is happy, but deep inside she is probably deeply hurting. Children are very smart and also want to please the grown ups around them. She may see how much you are hurting and may put on a good front for you. She may be embarrassed by her mother's behavior and wonders why her mother isn't like her friends' mothers.

 

Maybe there is some way you can talk to a school counselor about what is going on. The counselor may be able to direct you to other community resources available to you, your granddaughter and your daughter.

 

Maybe you might consider calling Protective Services and asking about assistance. You can do it anonymously. You can also ask how the investigative process works, and if a grandparent can get temporary custody in this type of situation.

 

I applaud you for wanting to to the best for your granddaughter. Please know that if you decide to make a complaint, there may be services available.

 

Good luck to you and to your family.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.7 %
Accepts: 2331
Answered: 8/10/2010

Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims

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