Kansas City, MO asked in Family Law and Child Custody for Arkansas

Q: How does my mother in law obtain emergency custody of her nephew she has had since birth and he is now a year and a half

My mother in law has had her nephew since he was born. He is now a year and a half and has permanently resided at her home. Every weekend or everyry other weekend the biological parents take him "to spend time with him". The baby has come back with high amounts of benadryl in his system. My mother in law takes him to his doctor appointments and everything. The parents have done nothing for him. The parents are both drug users. She has to let the baby go even though she is not comfortable with it because she has no legal rights to him. How would she go about filing for emergency custody? Today the mother took a whole bottle of pills in front of her children (she has 3 biological and 2 step) she was at her daughters birthday party when she took the pills. The daughter is livomg with and has lived with her grandparents since birth. The step children of the mother also reside with the grandparents.

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1 Lawyer Answer

James E Hensley Jr

Answered
  • Divorce Lawyer
  • Conway, AR
  • Licensed in Arkansas

A: Guardianship. Grandmother cannot have any felony conviction. Must have suitable home with utilities and a good income. She can't have any miscreants in the home. No bad people can live there.

She could also call DHS. They will come out and look at the place and maybe give her custody. DHS is a double-edged sword. While they don't cost anything and will probably help her with custody, once the parents can pass a drug test DHS will give the child back to them.

Grandmother can also just adopt the child.

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