Concerned Grandmother and Aunt

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cclement

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My jurisdiction is: St. Louis, MO

Dear Forum Members,
We are in the middle of a nightmare situation with my alcoholic daughter, her incarcerated husband and my 2 beautiful grandsons. Dad is incarcerated in Colorado and may be extradited back to MO to serve a prison sentence here in MO. He is also an alcoholic. My daughter had moved with her children to be near me and try to start a new life - rehab was supposed to be part of the deal. I connected her with a job, a place to live and planned to help as much as possible to nurture and protect the boys - She had other ideas and would not agree to any kind of treatment - her husband showed up and was arrested for drunk driving, with the boys in the car, open container, no car seats ( they are 7 and 4), no license, no insurance, illegal plates, possession (marijuana). When Social Services of Cortez Cnty CO brought the children home, their mother was passed out drunk and could not be wakened. The children were placed in my care on an emergency basis. My daughter when finally awake and sober agreed to sign guardianship to her sister, a successful chiropracter in St. Louis, MO and to admit herself to a residential treatment program. I drove the children here and am staying with their aunt, my other daughter. MO does not have an emergency care law and we are in a quandry about how to proceed. Their mother is here in town, but is not cooperating in any way to get treatment or to assign custody to her sister. I am more than willing to care for these 2 beautiful boys, until their mother can resume a normal, sober life, but I am terrified that her intransigency will get them assigned to foster care. Should I stay here and hope and try to get their mother to release care and assign custody to my other daughter? Should I take them back to my home in CO and get them signed up for school, and fight the legal battle from there? I am desperate to make sure these children are out of the chaos and hostility of an alcoholic home, and are not taken away to foster care. I know this has been a lengthy post - even as I write it, I realize how complex the situation is. Please respond with advice, legal referral, or any answer you think may help.
Grandma Sheila in STL MO
 
You really need to see an attorney and file for emergency custody. I do not see how you can legally take the kids out of state with no court order, that is kidnapping. You have no legal rights here until the courts give them to you.
 
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