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worriedgrandmother

Need help. Daughter with mental illness, suicidal, minor child

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My daughter has always had issues.  But over the last 5 years they have become  overly concerning. Abuser of drugs,  cares more for strangers than her family. Has put this son in horrible circumstances his whole life.  She's taken to suicide attempts, I'm not talking a couple I am talking probably over the last 2 years. More than 25 times.  She has been in jail 2 times for aggravated assault.  The first was against b/f. THe 2nd against b/f and minor son.  She took a plea deal and dropped the one from her son?? Lovely huh..

Brought it down to one count against b/f.  1 yr probation $$ and therapy.. since this time she's tried suicide 2 times. In 2 months.  I have the child in question.  He doesn't want to live with her.. THERES a lot more to this story.  I need to know cut and dry what to legally do. I am low income and really need help.   She is not by no means a good mother.  Horrific hoarded, filthy apt.  She wouldn't even get him up for school.  Left it up to b/f.  I can not send him back.  I can not give her any more chances. 

Please help. Thank you

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If you have not been granted custody of the child by a court then the mother (who I assume still has legal custody of the child) may claim her son from you at any time and you would have no basis to refuse to allow the mother to take the child. If you fear for the child’s safety then the place to start is to report the situation to the Michigan Department of Health and Human Services Child Protective Services (CPS) program. That link will take you to the CPS home page where you can get information on reporting situations of abuse and severe neglect of a child. If CPS sustains the allegations of abuse it will act to protect the child. This may include removing the child from the home until the mother cleans up her act. That may involved placing the child with foster parents or another relative of the child. It is not automatic the child would be placed with you but you could certainly express your desire to care for the child. But until CPS acts the mother retains her legal right to her child, and you cannot interfere with that right.

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Hi @worriedgrandmother

 

Welcome to the community an thanks for posting. So sorry to hear about the situation with your daughter and grandson. As Tax_Counsel suggested, you can contact CPS to report the abuse. You may also want to petition the court for guardianship of your grandson. Your post mentioned that you are low income, however, you may want to consult with a family law attorney about filing such a petition, because they can be highly technical. You can start by reviewing our FindLaw materials about guardianship:

 

For a free consultation with a family law attorney, you can click here, or use the FindLaw Lawyer Directory to search by city and state.

 

Best of luck!

The FindLaw.com Team

 

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I have power of attorney only. She has had numerous cases and allegations with CPS.  They keep giving the child back. Nothing changes . Only gets worse.  I'm afraid he's being a victim of both.  I get him for months at a time and he goes back.  Lives in filth, Dog and cat feces, he's tired of it.  He Is ASD. She refuses to be knowledgable.  She lives off DHS. With out him she has nothing.  Don't get me wrong. I love her but there comes a time and a place to say enough is enough.  CPS does nothing. Is all a game.  And he is the pawn.  If need to be I will contact CPS in my county.  like I said before there is A LOT more to this story. I am just trying to get my ducks in a row. thank you. 

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Thank you for taking the time to answer.  Yes I have tried seeking councel.  I have tried to find a pro bono also to no avail. I can not afford a $700. Retainer fee. 

i have had him a total of 63 days.  I have to beg her to update the POA.  Its due again, still nothing. Just to keep him in school. I have been asking for 2 weeks.                  

It has taken 60 days for her to give me a med card.  Real nice Right.  (Not that she didn't have it...she refused to send it.).  She doesn't care about him. It's all about what she can gain from him.  Or when it's a convenience for her to be a "mommy". Sorry.  A bit of venting.  But again Thanks for replying.  

 

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Sounds like much should have been done years ago, but that is water under the bridge now. Your daughter sounds mentally ill. That lot more you aren't telling us could make a huge difference but we can only go off what you choose to share. As for legal counsel, check with Legal Aid and local law school clinics. Many assist with family law issues. You may just have to bite the bullet though and come up with the money for your grandchild's sake. You don't mention what the POA covers. These are not one size fits all. You also do not mention how old the grandchild is or where his father is. The goal of CPS is family reunification, not removal.  Still, it is your only real option if the child is in danger.

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I have tried for years. Father doesn't and has never claimed responsibility for this child.  Child seen him once for pat test. Wanted to give up rights then.  It was alone night stand with a minor.  16d/32f.  POA only covers basic, medical and school.  I fought with her 60 days to receive a med card.  She won't clean.  Barely cooks. Refuses to work. Refuses to get ssi. LAZY!  I've said since she was small she should never have a child.  This child is scared to go home.  Scared to be left alone with her. 28th is the last day of POA so if she forces me CPS will see me.   I've been asking for it to be updated for 2 weeks. 

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So the father is not the legal father? He wasn't married to the mother and paternity has never been established by the court? Then he isn't the father legally. You can't force her to clean, cook, or work.

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