What are my legal rights to my granchildren while my son is incarcerated?
Full Question:
My son is in jail.We hope he is getting out of jail soon. His kids went with other grandmother I lived in another state, and my son wanted me to take them home to the other state. I was told it would be difficult since I lived in another state. I moved to this state where the kids are. School is out and they want to come live with me. The other grandmother is physically and mentally abusing the children. I will be taking the kids in a week and keeping them for a couple of weeks. The other grandmother is receiving social security on the children and will fight to get them back. I have checked with juvenile office, DFS, and courts. She has not been given or filed for any kind of guardianship or custody. If I don't take them back, and my son signs papers, can I not take them back and not get into trouble. I would file for guardianship but was told it would be a $78.00 filing fee and at least $250.00 TO START and as much as $2000.00 for a guardian ad alidem (sorry if spelled wrong) I don't have that kind of money. I called Child abuse hotline last November. All they did was offer her resources for counceling. She took kids out of counceling because she didn't like what they were telling her.The kids are very scared of her. She wouldn't let the kids see or talk to their dad for 8 months til I moved back and demanded to take them. Now they see him every weekend. They have never been hit before and they say she slaps them in the head all the time and tells them she is going to put them in a foster home. Please tell me if I can keep them without getting into trouble. We were going to wait to see if there dad got out soon, but can't wait any longer.
04/27/2009 |
Category: Guardianship |
State: ALL |
#16146
Answer:
I am prohibited from giving legal advice.
An alternative to guardianship is to create a power of attorney for care and custody of children.
The period of time during which it may be used varies by state, but this power of attorney may be used to give someone other than
a parent temporary custody and control over a child.
For example, the following is a Missouri statute:
475.024. Temporary delegation of powers by parent — exceptions. —
A parent of a minor, by a properly executed power of attorney, may
delegate to another individual, for a period not exceeding one year, any
of his or her powers regarding care or custody of the minor child, except
his or her power to consent to marriage or adoption of the minor child.