Hi All!! I’m 22, just about to graduate, and I’m concerned about my two younger sisters, 15 and 8. They currently live with our elderly grandmother, who’s been taking care of them since our mother was found unfit about four years ago. Our grandmother never went through the courts to get official guardianship. If something were to happen to her, I want to make sure my sisters have a stable place with me, even if she’s still around.
Some background:
Our mom was found unfit due to neglect and drug issues, which she still struggles with.
Neither of my sisters have a legal father on record.
My mother has a history of drug charges, is in significant debt, and doesn’t have a permanent residence.
My sisters are in a Department of Health and Human Services (DHHS) case for Medicaid, but CPS hasn’t been involved recently.
I’m working to improve my credit and have a plan to stabilize financially, but I’m worried about whether I’d even have a case for custody or if my mom could challenge it. What would my chances be, and what steps might I need to take? Thank you all for any guidance!!
Was a CPS case filed where she was found unfit? Or did she agree with your grandmother doing these things? You say she had criminal charges and was found unfit but how exactly was grandma put in charge?
@Valeria
Yes, there was a CPS case, but my mom didn’t complete the POA paperwork, so CPS recognized grandma as a temporary guardian. She basically just dropped my sisters off one night, and grandma took over. She also has some history with CPS from when my older brother and I were young.
Grandma also had legal guardianship of my brother and me when we were younger, so that’s partly why CPS let her keep my sisters without a formal process.
Unless the court officially declared your mom unfit, you’d likely need to sue for custody. If it didn’t go through the court system, you’d have to involve both your mom and any legal fathers (even if they’re not on record) if you want a solid case.