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Can I get emergency custody of a child who is not a family member?? I am currently a full time student and single mom, but will do anything to help this child!!!

His mom can't andis ruining his life. he is such a good kid and with a good parent around I know he can succeed, on this track he is going to end up in jail, and on drugs just like his mom!!!


Asked by Anonymous at 7:21 PM on Mar. 31, 2009 in General Parenting

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Answers (7)
  • I'm in California & several years ago I got legel guardianship of 3 children. I was a single mom of 3 and also a full time student. All you have to do is file the papers, BUT you may also need the ok of parents and grandparents. But as Ash724 it depends on the state you're in they may be differant I don't know. I really can't remeber all of the details in that regard. My kids situation was the same way as the child you're talking about...Good luck and let me know what happens. The forms can be downloaded off the internet and if you quilify there is a fee waiver, that was the case here in California..You can do all this yourself, so it costs nothing.

    Answer by GmaPam7257 at 7:51 PM on Mar. 31, 2009

  • Mmm I would probably say no. However laws vary in different states so I would check online or call to see if you can. It is hard for a mother to lose custody of her children and if she does the child will most likely go to a fit family member or into a foster home if there aren't any able or willing family members to take the child, and is it always a goal to reunite mother and child. Just check with your local laws and see what you can do. If you cannot get custody yourself you can definitely report her to child services and they will investigate and hopefully remove the child from the situation.

    Answer by Ash9724 at 7:28 PM on Mar. 31, 2009

  • Before you do all this officailly try asking the mom if you can have the kid, more than likely if she's that bad off she won't want the kid around anyways and will gladly give him over to you.

    Answer by lstrickland at 8:08 PM on Mar. 31, 2009

  • If you have been an active and stable part of that child's life and well being, and no family will take the child, then yes you have a chance and the court will consider you. It keeps them from paying for foster care if someone will help. I've seen it happen many times. I saw two sisters take someones child when the family did want the child, but because the sisters were mostly involved the child went to them. It can happen.

    Answer by Steff107 at 8:14 PM on Mar. 31, 2009

  • Most states the child would be placed in DHS care. Then you would have to submit a formal request to become a gaurdian. it can be done, but it can also be very hard on all involved. If there are other family members you might want to speak with them, as family usually can get emergency custody order granted as long as their is enough evidence or childs testomony to back the request. Have you called DHS or CPS? They will get involved unless the mother of the child just gives him to you while she is in rehab or jail. Just make sure you go to an attorney to write up a temp order of gaurdinship, as long as that is signed by both parties and filled within the courts you should not have any problems.

    Answer by Vanessannd at 8:51 PM on Mar. 31, 2009

  • I'm just wondering what is so bad about the situation in his home that you feel that you would be better for him? I'm only asking because this is a huge life change for all involved, I hope you have thought this through. If this is really for the best then I support you 100%. I just don't ever give advice about this kind of thing without hearing the basis first. Sometimes people misuse the information they get here. GL!

    Answer by Anonymous at 9:31 PM on Mar. 31, 2009

  • Thank you for all the comments and yes the mother is willing but I want it to be legal so she can't change her mind in two months and screw him up even more. she bounces him from school to school 2-3 times a year. she is a addicted to pills, she had appraoch another close friend, and she was more concerned with losing welfare. That if she did it she still wanted to claim him on taxes so she could still get foodstamps and tanf. And I cant let that happen if i am caring for him. I love the kid but i cant let him think that is how to live life. I am not sure what is going to happen but hopefully we can figure it out soon.

    Answer by Anonymous at 7:53 PM on Apr. 3, 2009