Help with next steps of gaining custody of my 8 month old nephew

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langstonx3

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Hello!

My husband and I are looking for some help with the "next" step to our family issue.

Let me explain our situation. My sister-in-law, had her first child taken from her custody 8 years ago by CPS. Her drug use and craziness towards my nieces father was enough. Now fast forward to now. She had my nephew. It was known that she and the father were using meth and heroine while she was pregnant. Family members tried to obtain custody then with no help from CPS, because of lack of proof. While pregnant she got into a fight with the babies dad and he was placed in jail. He missed the 1st four months of the babies life. As soon as he got out of jail. They got married within a week. Then they used drugs and everything started all over again. Three weeks later he supposedly tried to run her off the road with his car while the kids were in it because they were high and arguing. Several people called CPS. CPS was going to take the baby (4 months old then) but my sister-in-law pleaded stating she just needs help. So they gave her ONE LA ST CHANCE, by requiring her to go into a in-patient rehab with the baby. It's very strict, no contact for the first 30 days, classes all day about raising children and recovery, etc. So before she went into the program she was harassing the babies dad at work, talking about blowing up his workplace, car, ect. So the father got a restraining order against her. She then went into the program and has caused nothing but drama there. They have threatened to kick her out. Her case worker at CPS told us that she had someone sneak her in a cell phone and now she's harassing the babies dad again through emails. Since she has violated the rehabs rules, her restraining order and CPS guidelines to keeping custody of this child they are in the process of removing the child from her custody and he will be placed with my husband and I. We have already been finger printed.

One of mt questions are, since the dad has failed to provide diapers, wipes, formula, etc and has refused to see the baby, and has bailed on his CPS visitations. Does he still have rights when my husband and I get custody? At one point he told us he'd sign over his rights, but I don't know if that's still an option. And does my sister-in-law still have rights to see the baby after he's removed from her custody?

And my other question is will we get help from the state? We currently have our own family and I'm due to have another child in 4 months. Unfortunately we are the only ones who can take my nephew, otherwise he'll be placed in a foster home. Can we ask for child support or apply for full custody? Or are we just guardians?

Thanks in advance for the advice!
 
What did the CPS caseworker tell you when you asked her/him all your questions?
 
The casework hasn't been that helpful. He doesn't want to do anything until the babies dad shows proof of the emails to the police, even though he's seen it and knows she's obviously violated both her restraining order and the rehabs strict rules. When I asked what's next, he stated he'll contact us. So I'm just trying to be a little more prepared before my nephew shows up on my door step. The caseworker hasn't stated either way if the babies parents will still have any rights. Should I be asking different questions?
 
The casework hasn't been that helpful. He doesn't want to do anything until the babies dad shows proof of the emails to the police, even though he's seen it and knows she's obviously violated both her restraining order and the rehabs strict rules. When I asked what's next, he stated he'll contact us. So I'm just trying to be a little more prepared before my nephew shows up on my door step. The caseworker hasn't stated either way if the babies parents will still have any rights. Should I be asking different questions?

If finances are an issue, you and your spouse might want to rethink the issue of fostering the child.

If its about love, you'll figure it out.

Your state, California is having a very difficult time these days.
There isn't much money to assist people who want to foster kids.

Don't expect the state to do much, and expect even less help from the deadbeat dad and mom.

The best thing you can do now is prepare your home and your lives for the child's arrival.

Otherwise, it would be prudent to visit with a lawyer in your county to better understand this entire scenario.

There is no way you can gain enough knowledge on an internet forum to be of great value as you embark upon a life changing decision.
 
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