Grandparent Custody & Termination of Parental Rights


#1

One year ago I received a call from my grandchild’s mother 3000 miles away asking me to come & get the baby (he had just turned 4 months old). She said that the baby interfered with her ability to “be young and enjoy her youth”. The next night I was there picking up my grandbaby and I brought him home with me. The following month I was granted an ex-parte temporary custody order and after a hearing last July I was given temporary exclusive care, custody and control of the baby. The custody order states as finding of fact that 1. The Defendants are not fit and proper persons to have the exclusive care, custody and control of the minor child, and 2. There is clear and convincing evidence that the Defendants have acted in a manner which is inconsistent with their protected status as parents of the minor child and their conduct has failed to provide for the up-bringing of the minor child. The Defendants in this action have failed to provide for and have neglected their parental duties with respect to this minor child.

Neither parent has provided any support for the child which shows me that he is still not a priority to either one of them.

The bio mom did not voluntarily sign over custody to me with the court but she did nothing to stop it…she never contacted the court and did not answer the summons. She has had no contact with my grandson and because of his age when she gave him to me he does not know her.

Bio Mom has another child from a previous relationship and she signed voluntary guardianship to her parents for him. The child has lived with her parents his entire life. She does visit him infrequently and because she comes in and out of his life, it is starting to affect him as he gets older. This is not a situation I want for my grandson, especially since she gave him away at such an early age and I am the only “mother” he knows.

My questions are: 1. Based upon these facts, am I in a good position to request a termination of parental rights?
2. Will the temporary custody order ever become permanent without a termination of parental rights?

Thank you for your advice. I’m just looking for stability and permanency for my grandson.


#2

Based on her actions my opinion is that you do have a good case to terminate her rights. Your temporary order may become permanent after one year if the order says that it does.


#3

Thank you so much for your reply. I don’t believe that the order states that custody will become permanent but I will certainly check into it. It’s good to know that I most likely do have a legal leg to stand on in order to protect my grandbaby. Thank you!


#4

You are welcome, I wish you all the best.