Can we get custody?

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kujo79

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I will try to make this as short yet detailed as possible. My sister has 4 kids (1 girl, 3 boys - 12, 10, 5, 2 - girl is the oldest) she has been divorced from their father for a year. She lives in the Texas (where our family lives) he lives in Oklahoma - divorce was done in Oklahoma. He is currently "married" (not sure legally). The stepmom is absolutely horrid to the children and they favor child #2 (even the kids will tell you this) and are quite mean to the girl and really could care less about the 2 younger ones. His father has been in jail for molesting him and his sister as a child. There mom & father have no issues with their children being alone with him at all. My side of the family is against him being with the children alone but their mom says she doesn't see a problem. My "mommy instinct" won't let me children even in the room with another adult. I just get that vibe. Some things the children have said make all of us suspect, but OK dhs has been called and they said they didn't find anything to backup the claim (the 10-year old said the stepmom tried to pull him in the shower) This past time they had visitation the grandfather came by himself to get the kids and my sister allowed it. The girl is failing the 6th grade getting in trouble for her behavior close to every day and my sister doesn't seem to think it is a big deal! I was the one who finally got them into see a counselor and I am the one who took them for a long time and then when I would tell their mom what the counselor told me she got mad and said she would start taking them. When they go to visit the father they send my niece to his mother's for the weekend so they won't have to deal with her. I have resources to get my niece into a group type home that can help with her emotional & academic needs and my sister tells me "not interested". The emotional abuse these children are going through is horrible and no one seems to care. What can we do to try and get custody before my niece ends up in jail for hurting someone when she has a blow out because she is so angry. My husband and I could take them in (we have 2 boys) or my mom could - I need some sort of direction to help these kids who are screaming for help.
 
Unless both parties agree, you won't be getting custody.

DHS has noted that there is no reason to remove the children - that's about the only chance you'd have, and since they nixed it, I'm sorry but you're out of luck.

Parents have a constitutionally protected right to parent their children how they see fit. Short of abject abuse and neglect, the court simply will not trample the rights of the parents.
 
Is there any way to get help with the emotional/mental abuse? The rage my niece has is scary. She snaps at little things anymore. A kid accidently bumps into her and she is ready to beat the crap out of them. She has told me before that when she gets mad, she can't stop herself.
 
Emotional and/or mental abuse are notoriously difficult to prove.

Does she counseling? Probably, yes.

But at this point, there are only two entities with the authority to push the issue: The parents and the state. The state doesn't see any reason to act, so we're back to the parents.
 
I will try to make this as short yet detailed as possible. My sister has 4 kids (1 girl, 3 boys - 12, 10, 5, 2 - girl is the oldest) she has been divorced from their father for a year. She lives in the Texas (where our family lives) he lives in Oklahoma - divorce was done in Oklahoma. He is currently "married" (not sure legally). The stepmom is absolutely horrid to the children and they favor child #2 (even the kids will tell you this) and are quite mean to the girl and really could care less about the 2 younger ones. His father has been in jail for molesting him and his sister as a child. There mom & father have no issues with their children being alone with him at all. My side of the family is against him being with the children alone but their mom says she doesn't see a problem. My "mommy instinct" won't let me children even in the room with another adult. I just get that vibe. Some things the children have said make all of us suspect, but OK dhs has been called and they said they didn't find anything to backup the claim (the 10-year old said the stepmom tried to pull him in the shower) This past time they had visitation the grandfather came by himself to get the kids and my sister allowed it. The girl is failing the 6th grade getting in trouble for her behavior close to every day and my sister doesn't seem to think it is a big deal! I was the one who finally got them into see a counselor and I am the one who took them for a long time and then when I would tell their mom what the counselor told me she got mad and said she would start taking them. When they go to visit the father they send my niece to his mother's for the weekend so they won't have to deal with her. I have resources to get my niece into a group type home that can help with her emotional & academic needs and my sister tells me "not interested". The emotional abuse these children are going through is horrible and no one seems to care. What can we do to try and get custody before my niece ends up in jail for hurting someone when she has a blow out because she is so angry. My husband and I could take them in (we have 2 boys) or my mom could - I need some sort of direction to help these kids who are screaming for help.

You called OK's DHS. Did you call Texas' CPS?

Those are your only options.
 
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