grandparents and custody??

**daisyxs** · 24-12-2006 20:24

my sister is a junkie as is her partner, they are both beyond pathetic and my mum wants to know how to go about getting custody of her grandchildren.
the middle child, already lives with her dad cos her mum "didnt want her" but she still has the 14yr old and 3yr old.
can someone please point us in the right direction??

**FourAngelKisses** · 24-12-2006 20:27

No idea, sorry. Just wanted to wish your mum the best of luck with it all.

**SorenLorensen** · 24-12-2006 22:25

hi, i am not to sure how to got about it but it is possible my cousin is also an addict and has a 6 y/o son, my aunty wanted him safe and went to court for custody first case when the boy was about 4 my aunt got him for 3 years and my cousing had a stipulation of she had to clean up her act and keep it that way for a full 2 years, needless to say 1 year later they were back in court and my aunt now has him till he is 18. and my cousin has supervised visits 1 day every 2 weeks. oh and they are supervised by a volenter (sp?) police officer.
just go to a lawer or legal aid and they should help.

**pegasus** · 25-12-2006 02:39

Just wanted to say - be very sure that it's worth the fight. Good luck to your mum as it's a long road. You have to have some pretty hard evidence as to how the kids are cared for if you want to take custody away from their primary parent.

How many times do we hear - what's best for the children?

You say the 14year old is with her mum with the 3year old - I'm guessing your mum is trying for custody of the 3year old as the 14year old has probably made his/her mind up. Good luck - the best advice I can give is that the 14year old needs some good people to talk to as at that age, there is a lot that goes on in the mind. I have a 13 (nearly 14year) old step daughter and worry constantly about how things will go when they spend more "community time"....

It's about what access your mother can get and if she can get some help to the kids before it even gets to court (as, in my experience, it has to be some really hard evidence to have the department take the kids from biiological, mother).

**daisyxs** · 25-12-2006 10:38

[QUOTE=pegasus;931121]You say the 14year old is with her mum with the 3year old - I'm guessing your mum is trying for custody of the 3year old as the 14year old has probably made his/her mind up.
QUOTE]

the 14yr old is in the custody of his mum but refuses to go home so is always at friends houses. he doesnt know what she does as we've just told him she is sick. he is a very depressed young man and feels bad he has to leave his brother there as he has pretty much raised him. i asked her yesterday where the 14yr old was and she said, who knows, whats more, who cares.
we have also been told that she has taken the outside doorhandle off their bedroom door so that the 3yr old cant get in there when he gets up in the morning. he has to look after himself until they get up which is never before 11am.

**little mermaid** · 25-12-2006 10:52

Poor little guy, but that is probably all he has ever known. Hope it all works out for your Mum.

**oleander** · 25-12-2006 12:02

All I know is if the mother isn't capable then the next person the child would go to is the father, as long as he's capable. There have been cases though when the parents are both junkies or in-capable and the grandparents are granted custody.

This must be so tough for them. All the best

**immy** · 27-12-2006 12:35

Hi sorry to hear about this and firstly wish the best of luck.
What you need to do is see a lawyer and or legal aid. You need to get on the phone to docs also as they will assist your parents when the children's welfare is a concern. Your parents will have to apply to the court. I have recently researched alot of this as my baby's father is a drug user and I have concerns if anything ever happened to me whether he would automatically get custody and he doesn't necessarily he would have to apply to the court.
Grandparents have alot more pull now the laws have changed and since there is an issue with the parents it is worth going to court over. However note if they are not entitled to legal aid it is going to cost a fair bit possibily around $25k if they are up for a fight in the court with the parents. I have recently seen a lawyer re: parenting issues and if consent orders are not done these were the costs I was told to expect. Good luck.

**Shanaynay** · 27-12-2006 12:39

Maybe DOCS could help. At the very least if they saw what was happening maybe they would give your mum temporary custody to get them out of there?
That is horrible

I can't believe they took the door handle off so the 3 yr old couldn't get into their room - that is so sad

**kiah** · 27-12-2006 12:45

My friend had a similar situation with his ex. He was a really good dad and she was a complete junkie. His family and close friends (including me) had to write affidavits that exained the mother's personality and what we had witnessed of her drug taking and general personality.

They took it to court, unfortunately he only gained shared custody but at least that was something and his little girl has somewhat of a life when she stays with him.

Ring up or look for the website on Department of Child Safety, maybe speak to a child safety officer and they can steer u in the right direction.

I hope it works out...it sickens me to see parents like that.