QUESTION

How likely is it to get full custody of my grandson?

Asked on Nov 09th, 2014 on Child Custody - Louisiana
More details to this question:
I have had temporary custody since December 2013 but have had him in my care for much longer and on and off his whole life. Both parents are drug abusers and smoke weed. The most recent positive drug test for the mom was in July. She had higher results in July than she did in June. She received a 45 day sentence and only served 5. The dad was sentenced also for not showing up for color code test. The mom is pregnant and due on December 16, which means she was using while pregnant. She has not had any counseling. She also is married to a felon that has never had a job. They live in a 2 bedroom townhouse with her mother in law, her, her husband, 11 year old autistic stepson who was the only one home when his mother OD'ed, and soon to be newborn baby girl. I have a voice conversation with her talking about how she bought and took xanabar in July (while pregnant) because she can since she has a script for klonipin. My grandson has come so far. He makes A's and B's, is involved with church, we feed the homeless and he plays sports. Both parents are on supervised visits, which are supervised by me. I’m scared to death of what may be ahead!
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1 ANSWER

While there is no reason you cannot petition the court for permanent custody now, if you wait until January you can tell the court that you have successfully passed the one year mark and it is in your grandson's best interest to stay with you to ensure his stability. Be prepared to document your position with school reports, etc. It is also a good idea to keep a record of anything going on in the visits. The longer you successfully parent your grandchild on a temporary basis, the more likely it is that the arrangement will become permanent. Another strategy may be to wait until after the baby is born and ask for both children. If your daughter has a history of drug use that affects her ability to care for children, it is highly unlikely that she could get even unsupervised visitation without demonstrating that she has remained free from substance abuse for a period of time.
Answered on Nov 11th, 2014 at 10:12 AM

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