What to do if my daughter has a 3 year old son but she’s got a drug problem so I want to get emergency/permanent custody of him?

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What to do if my daughter has a 3 year old son but she’s got a drug problem so I want to get emergency/permanent custody of him?

She’s into drugs and just pawns him off to whoever will babysit for her. When he goes to a babysitter, she never calls to check up on him and you never know when she’s coming to get him or who is coming go get him. She doesn’t provide for him. She just screams and yells at him, hits him, calls him names, etc. She doesn’t work. Her live in boyfriend has a criminal record with assaults (felony) and drug charges and other major offenses. I did have him for about 2 months this summer until she came and took him and brought him to his adopted fathers house and left him there for about 3 months. What can I do to get my grandson?

Asked on January 22, 2013 under Family Law, Minnesota

Answers:

Matthew Majeski / Majeski Law, LLC

Answered 8 years ago | Contributor

I suggesting contacting child protection and letting them investigate and follow up.  Right now the biggest concern should be getting her son to a safe and secure environment.  After this is achieved, you can look into options for 3rd party custody or other altnerntavies to get custody rights.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes you can do something and I would speak with an attorney as soon as you can. Minnesota third-party custody law states that when biological parents are unfit or unable to provide care, grandparents, relatives or other interested adults may be able to obtain custody of children caught in this situation.  The determination is always made in the "best interest of the child" and the scenario you paint seems to be ripe for this action.  Good luck.


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