We went to the county court house and talked to the court clerk. They handed us the papers to file for guardianship. The judge walked by while we were filing them out. He stood there and actually helped us too. We had a hearing that day and were granted temporary guardianship and a regular hearing scheduled for a month later.
You have to let them know in certain ways that there is a court hearing. There are specific ways they have to legally show that all interested parties have been given proper notice.
She was given notice by way of being served papers where she was living, we had to post it in the newspapers where ever we thought she was, the dad had to be notified, it is their child after all and they have a legal right to their child regardless of our feelings about that. There is a set way of doing this and if it is not followed you will just get your hearing postponed. The court's way is the only way.
The judge told us that everything would go much smoother if we had an attorney. We found one and paid him cash up front, I think it was about $1200. We borrowed the money from different relatives and pawned a lot of stuff to raise the money.
Our grand kids are worth every effort.
When we had our final hearing and all was done we had to raise our hand and swear an oath. The judge told us that we had brought this case to him for judgement. We knew my daughter was not a safe person/place for the kids, we knew she was a threat to their by her lifestyle. Therefore if we let the kids go with her anywhere and something happened to them, even if is was minor, he would throw the book at us and follow through to the fullest extent of the law. It would be our fault for putting them in danger and our fault if anything happened to them while she was anywhere around.
We attend a local grandparents raising grandchildren group here in my area. I can tell you there have been grandparents walk in our meetings in tears and walk out laughing because they found support and help from people in similar situations. They are the best support you can get. They have already been through this. They know what you are feeling and the joy and the sorrow. You need to find your local group.
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Now, as for your daughter. She is young. If she survives her rebellious years she may grow up to be a good adult, it does happen, seriously, I just saw my 32 year old daughter change into an adult finally. She is actually a good mom too.
I dread when she figures out that ALL guardianship is revocable. She can go at any time to the judge and ask for our guardianship to be set aside. They would do it too. She is not doing drugs anymore, the state is totally out of her life, she is living on her own and going to college, she is a loving and caring mother to her baby that lives with her, she has changed at last.
The threat she posed to her children is gone. She is able to provide a stable and loving home the them now so she would win in court no matter what.
All guardianship is temporary. Nothing can take away that parents right to be their children's parent except the state after going through a long drawn out period of time while the parent works through the issues that took their children from them. They have a right to their offspring. If they voluntarily give up those rights and the father gives up his parental rights you may have the option to adopt your grandchild. Otherwise guardianship is the best you can get.
You can bluff her until she figures out she still has the right to take the child back. Telling her no and making all the rules from the start is okay. We did not allow my daughter to have any visitation that we did not supervise. She was not allowed to take the kids anywhere by herself. We just told her the judge said no.
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I am going to add a bunch of links. Some of them will have little information but since I am not contacting them I don't know if they have a lot of information on their call lines for grandparents, it's worth calling them to find out...
Some statistics for your area, has some links on the left side that may be of value to you.
http://www.grandsplace.org/gp8/in.html
AARP is a HUGE resource, they have tons and tons of resources you can take advantage of.
http://assets.aarp.org/rgcenter/general/kinship_care_2005...
This group is in another town but they may know of local groups or resources in your area.
http://www.indyschild.com/Listing-14251.112112-36382.1121...
I am actually saving this one to my favorites. I think it has a lot of links that are useful.
http://www.lifestreaminc.org/index/caregiver/grandparents...
This is your local hospital's site. About half way down this one there is a section called upcoming events. This is an older newsletter but they may still be having the grandparents monthly meeting. It is worth the call.
http://www.stfrancishospitals.org/images/GHT/Winter%2008.pdf