Daughter Trying to Terminate My Guardianship

Updated on March 29, 2010
L.R. asks from Concord, MI
10 answers

My daughter is bi-polar,druggie,alcoholic,lives in abusive relationship and has moved twice since the first of the year. I have spent so much time trying to give him a chance in the last year because of his special needs(speech) which I think was caused from his drug use while pregnant, We go to family counseling once a week and he gets tutoring once a week for his speech and I stay involved with his classroom activities one to three times a week just to let him know he is loved and cared for. I have had him a year and his aunt had him the year before that. He does not want to go anyplace he loves his home but I dont know if the judge would listen to a 5 year old.
His mom has not seen him since oct 09 and has not called since jan 5th when she was to show up for xmas and never did show again. She wrote a letter to the judge saying I wont let her see him or answer the phone. I tried getting a copy of all incoming calls to prove she was lyeing and now I need a supeona to get them and dont have time now.
I dont want to let him go and would like to adopt him, the only reason she wants him back is she now has to pay support. Her first payment was march 8th and she filed to terminate march 10th.
I am worried sick for him ,what can I do? I cant afford a lawyer.
Thanks for your help

I cant thank you all enough for your support ,I do have DHS on my side and he tells me to RELAX thats easier said than done when I am worried about my Grandsons future. We go to court the 9th of april Good Friday so if everyone prays for us Thank You. I will be sure to let you caring folks what happens so check beck the 9th and I hope its good news.
Family services is trying to get my phone calls for me and I have letters from all the professionals that work with him.
Pray for Peace

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More Answers

I.M.

answers from New York on

L.,
get as much information as possible to show the court. Get the phone records, and anything no matter how little it is, that can show how she doesn't even try to be there for him. Also, make sure you tell the judge that you want to request supervised visitations, or a third party visitations so the court can see that you are not trying to keep him from her. If you can get any paperwork to show how unfit she is, it will help you a lot. This is a long shut, but try and see if you can get any pictures of where she lives, and show the court how not ready she is to keep the boy with her. Remember you need to get as much as you can to prove that he is doing well, get all the papers that show he is going to therapy and that you are involved in his school. Papers that shows how well he is doing in school. Get a pediatrician to do an examination and give you a note of how well he is doing. Again, remember that you need to be prepared; take everything you can. You can also make the statement or bring something in writing of how she is not even involved in his school and activities. That you are and have been the only contact the school has for him.
Aside from this, and more than anything else I would tell you to pray!!! Pray for her, that she'll be willing to get help and that God sends her the help she needs. That your grandson be healed, and that you find favor with the judge and court system.
I'll keep you in my prayers.

1 mom found this helpful

L.W.

answers from Dallas on

Time to get an attorney! Once you do, ask for a social study to be done. The social worker will visit both yoru homes, and interview all those who live in each, including the child. If your daughter has multiple issues (alchohol, drug, instability) you may suggest to your attorney to have her psycologically evaluated to make sure she is safe for herself and the child's sake. Remember everything is done for the sake of the child.

IF she can prove she can support her son, and can prove she is a fit mother, a judge or mediator could very possiby grant her custody or joint custody. She IS the birth mother, and that holds a lot of water in itself, even if she is not fit to care for a child in your opinion. I know it sounds unfair, but that is just how it is.

I see that you say taht you cannot afford an attorney, but try and apply for legal aid, or reserch to see if any attorney need a pro bono case. Ask around. You can even post a question on this site asking for free legal help, it is possible there is an attorney out there who will read it, and take on your case.

If you have legal custody right now, protect your rights, get informed, read up on what you can do.

Sometimes what needs to be done just needs to be done, if you feel so strongly about the safty of teh child you may have to sacrifice something in your life to be able to afford an attorney. It sucks, but I know it can be done, we have been there done that.

Above all Have Faith. If you help yourself and it is what is right, things will work in the child's favor. Good Luck to you.

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D.T.

answers from Detroit on

Just did a lengthy prayer....Good Friday?!?! YAY!! Good vibes!! XO

1 mom found this helpful
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K.S.

answers from Kansas City on

Could you talk to a church and see if they might know of a lawyer that would help for free, or a minimal charge? I feel for you, this is a sad situation. I knew someone who went through something similar when he was a child and it really messed him up. He's just now starting to make something of himself at 38. Good luck to you, and at least he will always have you there for him. Maybe he will choose to come live w/ you when he is a teenager.

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D.M.

answers from Detroit on

L.---For your grandson's sake, please get a lawyer. Some things are just worth going into debt for. Consider it investing in his future.

I wish all of you the best of luck and I will pray for all. D.

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K.M.

answers from Detroit on

You need to make time to get the supena for the records and you need to make time for a lawyer or you will loose him. You may need to refianace or soemthing but you need to do this or you will loose him. So go to the court house tell somone who cares and see if they can give you an appointed attornery. Call Sam the comercial ! Most laywers don't ask for payment till after the job is done. Make sure you do your options and you may have more than just the mother. there is no doubt in my mind the mother will loose she has to show documentation that she is in clean bill of health for over a year or so before they give her any type of visitation or custody plus I would try to get a restricted visit so she doesn't try to take him. If that does happen she would not see him for a while. Good luck!

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C.M.

answers from Detroit on

Your question was a bit confusing, but I think the jist of it is that your daugher is an irresponsible, ill, druggy acoholic and you have been taking care of her son. Now she is required to pay YOU child support and wants her son back? NO WAY! Forget the child support and take care of your grandson. He needs YOU more than any money from his mother.

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L.W.

answers from Detroit on

L. - I do not know if you will qualify for these services, but as a lawyer, I would recommend you contact them to see what options you might have. Even if you don't qualify, they can probably refer you to someone in your area who can help. I admire your dedication to and advocacy for your grandson - what you are doing is really important and will make the absolute difference for him now and for the rest of his life. Good luck. L.

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R.J.

answers from San Diego on

You DO need a lawyer... NEVER try and handle the law in any fashion without one... and the good news is that there are several ways to get a pro-bono or sliding scale attorney. Call your local courthouse or legal aid center and they can point you in the right direction. If you're lucky enough to be involved with a church/synagog/etc you have even more options available to you.

((((Hugs))))

A.F.

answers from Fayetteville on

You can get a lawyer and make payment arrangement. In a situation like this I wouldn't care how much money it would take to keep him. Your daughter has some real problems and the judge will not award her custody because she is an unfit parent. Everything will be fine, talk to the judge( and you'd be surprised by what judges will listen too, I am sure if your grandson wants to tell the judge he wants to stay with you he will.) I think you feel skeptical about it because his mother may try and tell him to say something else. Is he afraid of his mother? Does he like talking to her? I am sure you will be awarded custody and then you can go through with the adoption. My grandpa did the same thing for me when I was 16. My parents were not being parents so my grandpa said I could come live with him. He told me parents to sign over all custody or he wouldn't take me. They wanted him to pay for everything while they called the shots and my grandpa wouldn't have it. So I made my parents sign the papers because I didn't want to be with them anymore. two weeks later I was living in FL. I am very sure you will be ok. I hope the best for you and your grandson. :)

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