Temporary custody VS Guardianship

Question

I have been caring for my now 1 year old grandson since he was 1 week old. Dad in federal prison, Mom in county jail waiting for sentencing. She could get up to 6 years. Drugs were a problem for both of them. Mother and father agree the best place for the child is with me. Father gave consent for custody. Mom said she would , now says she has reservations. Wants to know what my intentions are. When will will she get full custody back ect. I have supported her when she was in and out of rehab and have always been on good terms. I just want what is best for the child. I am not rich but do work. Too much money for legal aid not enough for a lawyer. She signed a notarized guardianship paper for me before she went away. I feel Temporary custody would be better and was advised by an attorney to do that. My concern is the state will step in if we can't come to a conclusion. We live in Florida. I have been reading about kids being put into foster care because family couldn't agree. If I record the guardianship paper will it be more binding or legal. or should I just have her served with custody papers and pray.

Answer 1

if possible, when she goes to court and gets a court appointed attorney, have her tell  him to file the papers that the child is in your custody and you have full legal responsibility for him. If and when she is released, she gets visitation rights to start with and if she remains clean, custody eventually goes back.

Answer 2

get custody of the baby, first have it as guardinship then go for custody. then when they get thier act together then see but first and formost think of the baby. with the parents past you have a strong case . You can pay a lawyer for a retainer until they get out if you feel there will be a fight , just pay them a little each paycheck and explain it to them you would be surprised what you can work out.

Answer 3

Sad this is however if you have had this child for all of it's life as it sounds it is likely the courts will not return the boy to her.  Hire a lawyer I know you can't afford it but you won't regret it get a morgage on your house if you have too...  I don't know about florida but here in NY you can get a good lawyer for custody for about $1500

You do carry the strongest advange right now and I would apply for permanent custody NOT TEMPERARY.  If you daughter cleans up her act then later you can talk about changing it back to her.  But make her stay clean at least a year first.    Furthermore you are going to need that custody for many things you are going to have to do for that child.  

Fight for the baby he is our future.  Love you daugher but put the baby first...