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CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Do not know how to use this computer well,just need help w

Customer Question

Do not know how to use this computer well,just need help w my granbabies and my rights as a soul caregiver for 1 of them 4 11 mo and now another baby was born w drugs in system and she takes them from a warm home n safe environment ,to bounce from place
to place w babies
Submitted: 1 year ago.
Category: Family Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

Unfortunately, "Caregiver" is not a legal role or title. However, if you believe that your grandchildren are in danger, you have 2 options.

  • You can speak with local Child Protective Services and make a report regarding their well being. The children may, or may not, be placed with you if CPS believes that they need to be removed from their current environment.
  • You can hire a lawyer and pursue what is called a "guardianship" over your grandchildren (try to take away parental custody - legal and physical custody) from their parents. This is not easily done (which is why I suggest hiring a family law lawyer). The court will look at what is in the best interests of the child, but I will be very direct with you - this can be a very stressful process, I do recommend using a lawyer to help facilitate this.

I truly do wish you the very best.

Customer: replied 1 year ago.
I guess if you knew the whole story n situation ,you could better answer my questions, this was of no help to me,I already knew these things,I just can't believe the state could put children back in harms way and keep them living on the streets n from house to house because a drug addicted parent has more rights than a child, The children had a place here as long as the mother followed the rules of the children come first,its obvious to me that she comes first not her babies and our state says that's OK cause she is mom,but when a mom keeps them around drugs n alcohol cause that's where she is comfortable it just seems sad n wrong that our state or any allows this ,maybe this is why our children prefer drugs over life.....
Customer: replied 1 year ago.
I'm not just a caregiver ,I'm a mother and a grandmother,that wants the best for the children ,even if the parents don't,I was a very good mother and have been more than a grandmother to my granbabies I've been their lifeline
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Nothing in my post said that the state would allow your grandchildren to continue living in the street.

Nothing in my post said that the state would allow your grandchildren's condition to go uninvestigated or unresolved.

I did say that a report to CPS would not necessarily result in you getting custody of your grandchildren - it is possible that CPS would place the children in foster care.

Me telling you anything short of this would simply be a lie and a disservice to you.

I also told you that if you want to be more certain about the placement of your grandchildren - meaning you want to ensure that they are placed with you (and more importantly, that you want to be given decision making powers for them), you will want to apply for a guardianship.

I further posted that this is a significant shift in rights - if you want to be successful, hire a lawyer. Some grandparents have been successful doing this on their own, but if your grandchildren's parent plans on fighting you on this (based on the facts as you have posted them - both initially and in your follow up - I would prepare for a fight if I were you), get a lawyer - this is not easily done (either procedurally or legally).

It is possible to gain a guardianship over children that are living in a dangerous environment. Being a relative of the child increases your chances. However, being represented by counsel is important given the legal rights, standards, and procedures involved.

Again, I am very sorry to learn of your grandchildren's situation, I am certain it is very painful, but the above procedure is the way to resolve it.