How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35003
Experience:  16 yrs. of experience including family law.
11181181
Type Your Family Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

My daughter and her boyfriend have been living with me. They

Customer Question

My daughter and her boyfriend have been living with me. They had a child that my husband and I have been taking: care of him since his birth in August. She just lost custody of her other two children. I want custody of this one. What immediate steps do I need to take.
Submitted: 11 months ago.
Category: Family Law
Expert:  P. Simmons replied 11 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 11 months ago.

Sorry...going to need a lot more context to try and answer this question...can you provide some context please?

Customer: replied 11 months ago.
All three of my daughters children have been my responsibilities since they were born. I let her make her own decision and let the two older ones go live withtheir dad. I cannot getthem back now, I don't think. His taking them out of state. Those are my babies! And this one was born August 13. I've had him day and night. They smoke weed all day and refuse even to clean up after them selves. I provide everything for this child. They spend the welfare money they get for him on marijuana for themselves. My husband and I are struggling trying to save us all now. We don't want to lose this little one too because of their ignorance.
Expert:  P. Simmons replied 11 months ago.

Thank you
Can you tell me, is there a court order for ANY of the children in question? If so can you provide the context surrounding that order?

Customer: replied 11 months ago.
she just went to court today for the 2 older children. Their father was petitioning to take them out of state. She had given him full legal and physical custody. I had paid for her to get custody back. But she dropped the ball. I don't know if I have any rights to regain visitation or anything of those children. I really do believe that they are in danger. There are no orders for this youngest child. As this child has a different father.
Expert:  P. Simmons replied 11 months ago.

Thanks

So I understand, one of the fathers has his children (2 of the 3) pursuant to a court order and your goal is to get custody of the remaining child, is that correct?

If so, what is the status of that father (the father of the remaining child?

Customer: replied 11 months ago.
My ultimate goal actually was to gain custody of all three children. But the status of the child in question are the status of the father of the child in question is he lives here he is unemployed. I don't really think he has much chance of employment. He's currently running from the law.
Expert:  P. Simmons replied 11 months ago.

Thanks
Last question....can you tell me has the child services been involved at all with mom's kids? If so what is their status now?

Customer: replied 11 months ago.
I would like him not to live here. I would like to be able to support my grandson and to legally be able to get custody and make them leave. I want them to be in their child's life but I want them to get their life together but there's no way for them to do that without something being done. But if I don't take care of the baby he'll be neglected. But if I do take care of the baby that's enabling him to do what they want.
Expert:  P. Simmons replied 11 months ago.

Thanks
Last question....can you tell me has the child services been involved at all with mom's kids? If so what is their status now?

Customer: replied 11 months ago.
No. They were called once on an unfounded claim.
Expert:  P. Simmons replied 11 months ago.

Thanks
I have some thoughts and will type them up...a few mins please...

Expert:  P. Simmons replied 11 months ago.

Thank you for your patience.

There are two ways to approach this

1. You hire an attorney and file a request, with the court, to provide you guardianship over the child.

2. You report this to child services and request they intervene to provide a guardian for the child.

If the case goes to child services and there is a request to terminate parental authority, the court will provide an attorney to represent the child.

It is important to understand if you report this to child services, they may agree to pursue guardianship for you...but they may not. My experience is that child services will typically place the child into foster care since those families have been vetted by their office. It is rare for child services to place the child with a non parent family member...but not unheard of.

What you are describing, it sounds like the child is in need of a stable environment...so I would expect the court to take action to protect the child. If your goal is to get custody (through guardianship) the best way to proceed is hire an attorney

Bot***** *****ne: if the goal is for you to obtain custody of the child, by far the best way to proceed is that you hire an attorney and let them help you with this process. If the goal is simply to get the child into someone's custody for their protection, then you, or anyone can report this to child services and they will engage and get the child placed...though, perhaps not with you.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.