how to get temporary custody if your grandchild in the state of utah?

Question by mollyjillene: how to get temporary custody if your grandchild in the state of utah?
My aunt is trying to get temporary custody of her grandchild; the mother is in a state funded drug rehab center and her son (my cousin) has a history of drug abuse. My aunt has the baby now but needs to get temporary custody for the time being. We live in Utah, can anyone help?

Best answer:

Answer by wendy c
She needs to file with the court for emergency authority to keep the child. The parents legally can GIVE that authority, but if they dispute it, then they may not.
With a court order, the state is stepping in for authority. I normally am against grandparent intervention, but there are situations where it is legitimate.
I realize she may not have the money (no one ever does) but it is likely she NEEDS an attorney to help create the petition and how to file it.

Answer by jim
She doesn’t need temporary custody. The child is staying with her for awhile. That’s fine.

If she wants custody, then she’ll want a lawyer. But it’s nearly impossible for grand parents to get custody, unless the parents agree to it.

If this is just something for while the mother is in rehab, then there’s really no point. To change custody like this will take many months. Some times it take over a year. And a few thousand to a lawyer.

A history of drug abuse does not always mean a parent is on fit. So if her point is to keep the child away from the father or the mother, she’ll have to have more then drug abuse. She would have to have real proof of very serious child abuse.

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