Hi KSM,
I don’t know that I can add much to this discussion but I have a few thoughts based on what happened when we got guardianship of our son back in 2004. Actually my father got guardianship first, but he was in his 80s and in poor health so we took it over with his blessing a year later.
I’m not sure what state you’re in, but this was Michigan, and when the birth mother, pregnant with another child tested positive for drugs, the court intervened and told her to find someone to care for him or he would go to foster care. Luckily, my father (the child’s grandfather) had been very concerned already and he was right there, ready to take guardianship. The mother went to jail, where she spent the remainder of her pregnancy.
I’m wondering why, when the court knows your granddaughter’s challenges and history with drug addiction that they don’t grant you at least temporary custody of this child. With or without your gd’s consent. I don’t see that she should have much say in the matter, especially since you have been his caretaker for 4 years. Is there any way you can petition the court to do so? I don’t know the legalities involved or if you’d need a lawyer, but it seems justified and at this point, your gd is obviously not ready to parent this child.
As far as requirements for diversion, I know it depends, but often the parent is required to hold down a job, show how they will support the child, stay in drug treatment, drug test, etc. I know in some states, they are very strict about making sure those rules are adhered to. I know someone (lives in KY) who had a drug problem, was successful at rehab four years ago, has been gainfully employed, on the right path, and she just now got her children back from foster care where she had to have supervised visitation all this time. I think that’s a little extreme, but the point is, it’s not usually easy to accomplish, and would be especially difficult for someone who is as far into addiction as your granddaughter.
I hope this helps. Every state is different but it seems to me, the court, and not your granddaughter should make this decision. Sending prayers for a good outcome.
