My sister is 25 years old and has a 4 yr old daughter. She was arrested in December for Meth. She has had a drug problem for about 6 years. She is also a heavy drinker and she acts irrational and like a crazy person. She denies having the drug problem still. She is hanging out with her old crowd again and using people just like before. We tried to have an intervention a couple of weeks ago, but it didnt turn out well. My parents have basically raised my neice and they have her now. My sister hasnt had her since that day. My neice was in danger that day and that is why we took her. So far she has been unsuccessful in getting her daughter back because of the meth charge. The court date for emergency custody is Aug 4th but until then we are all walking on egg shells. The police, and CPS are not helping my sister and they have been to the house and my neice is fine. We are all trying to protect her. My sister has had a job as a server for about a month (almost a record) and is living the 4th boy this year. She did try and leave him, but since she is fighting with my parents and they have stopped helping her she went back to him. He contacted my mother and wanted a meeting with her to discuss my sister's mental health because he believed she needs some kind of help. The birth father is behind my parents along with his parents.
I just have some questions.
1) can you pass a hair follicle drug test if you have been using. is there anyway?
2) what are the requirments to file a restraining order?
3) does anyone know anything about grandparents rights?

dad would have the best chance of getting custody- and it would be the more economical way to go- if the gp's really want to help the child maybe they should help dad try to get custody.

Dad cannot get custody because he also has a drug problem and cannot pass a background check.

if he has a drug problem- ok but parents do not need to pass a background check to be able to parent their own children- well except child molestors


but

I just have some questions.
1) can you pass a hair follicle drug test if you have been using. is there anyway?
2) what are the requirments to file a restraining order?
3) does anyone know anything about grandparents rights?


1. no way that I have ever heard of
2. harrassment(by law), violence, threat of violence
3. I am not too familiar with gp rights- but if both parents are unfit by law- that IS the biggest hurdle

Well the dad's lawyer along with my parents have said he will not win. He has just recently been an active part of the childs life and has never paid a dime in support. Neither one of them have a place to live, they just loaf from one place to the next. My parents have basically raised her, and she wants to be with them more than her parents it is her only stability. Neither parent has ever spent an entire week with her it is always a night here or there. They have had my niece around the drugs, they have just been really lucky she hasnt gotten into them.

Thank you for your help. I just hope we get the emergency custody until the trial.

any chance the mom would sign over gaurdianship? she has got to realize what dire straights she's in

No Way!!! She is fighting this so much. The only control she had over us was the baby and now that she has lost her right now, she is losing it. She has called me and threatened to kill me, tells us all that when she gets Alyvia back she is going to take off and none of us will ever see her again.

Indiana does have grandparent visitation rights. The thing is that your parents are not trying to just see her. They are trying to provide a safe, stable home for her. If the child is removed from her mother (which, obviously she has been) and the father is not a viable choice for placement, your parents would be next in line for guardianship or custody of the child. Let childrens' services and the legal system do their job. Wait, is CPS (or whatever acronym applies) involved? If not, they need to be. Your parents should have proof of the type of person your sister is, (police reports, any convictions) and proof that the little girl has been living with them. (Staying with the gps 5-6 days and nights a week is more than just visiting)

You have to collect evidence to present in court. If she is making threats against your lives or threatening to take the child and disappear, you have to try to get that "on tape". Video or phone recorder, what ever it takes. Every little thing can make the difference.

Goog Luck