brother ex con bipolar and wife personality disorder-can i get custody of kids

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gsqkdsr

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After reading some of the posts here I understand that anyone can be a parent-its their right regardless of how good or bad they are BUT in some senarios the children should not be subjected to harm physical, mental or otherwise...here is my story; I am looking for a legal opinion. I am willing to seek counsel only if I know I have a shot.
My brother has been diagnosed with Bipolar disorder. He also has an extensive criminal record, alot of domestic battery arrests. He met his wife who has given birth to 7 children (3 have been given up to the state, one was raised by the grandmother till she died and now has custody of, one was removed by the state (born addicted to crack) a couple of times for being with my brother and now currently has custody of this one, and two that have been born since that are allegedly my brothers and have also been removed an placed in foster care about 3 times.The mother has baker acted herself once at which time the children were removed from my brother and placed in foster care.
Currently my brother is on probation for domestic abuse and he and the mother are not to have contact. So the state has put her up in a hotel with 4 kids, while my brother lives in the family home which has been turned into a flop house with 4 tenants and him living in a coverted bedroom, formerly a garage. The children were recently removed from the mother because his P.O. saw the mother at the house. I was contacted by CPS to have a home inspection and to get fingerprinted to possibly receive the kids in my home. I live about 5 counties away. After all was said and done CPS kept the kids in foster care instead of my care and returned them to the mother after 1 month.
The situation with the mother and my brother is volatile and toxic. But they cant stay away from each other as they are both co-dependent ex drug users.
The mother has personality/detachment disorder where she shows no signs of affection/nurturing and if its not in writing she has no knowledge of parenting skills. I have overheard while speaking to my brother on the phone she has said come get the kids she doesnt want them or care.
My brother and I have come from a dysfunctional family situation and I am fortunate to have broken the cycle. But my brother has not. I am willing to receive only the two that are allegedly my brothers. The one that was born crack addicted has personality disorders and I am not able to handle. my brothers 'kids' were not born addicted and are ok to deal with, they just need a stable and safe environment to thrive.
I just know that growing up this way is not good and my brother is living proof of that. If the kids had an opportunity to suceed it would break the cycle of abuse. I feel its too late for my brother. What should I do? I speak to my brother everyday on the phone to make sure there are no meltdowns or arrests and ask about the kids. Thats all I can do from here. Any opinions? Thanks in Advance
 
You do have several problems here.

One is that you're wanting to break up siblings. The State is usually very reluctant to do that unless there are extreme circumstances (and believe it or not, your brother's situation isn't that extreme).

Another is that CPS have been involved and have returned the children to the mother, indicating that she's not legally unfit at this point.

Finally, you live several counties away. Because the State is involved, they're likely want to keep those kids under their watch for awhile - locally.

So unless the mother is willing to sign over custody to you (and provided the State is ok with that) you're going to be fighting a very expensive uphill battle with little to no chance of success I'm afraid.
 
I kind of figured as much. I can appreciate the breaking up the siblings situation but only 2 of the 4 are allegedly my brothers and am biologically related to the 2. The children have been removed numerous times and they just keep getting returned to the same old, same old; nothing changes. I think the state is overwhelmed and the children are falling through the cracks. Not to mention the CPS system in FL is dysfunctional as well. I just wish there was something I could do. Its bad enough my brother is Bipolar but to bring kids into the fold is beyond normal comprehension. Thank you for you opinion.
 
Ok. Here we go again. My brother has been arrested for VOP again, not to mention a couple of other charges. The kids have been removed again and in Foster care again. I was told I will be contacted again by CPS for further instructions. I have also been told indirectly to be in court next week. The mother of the children has advised me that she went for emergency hearing this morning and was told they wanted the children to stay local so back to foster care. At this point I am considering hiring an attorney to represent me and the children to have them placed with me. What to do?
 
You can hire an attorney, yes. Wait.

She went for an emergency hearing THIS MORNING? In court? Which court was this?
 
An Emergency Hearing on Sunday? On Labor Day weekend?

I don't think so. At least not a court hearing. It may have been a meeting with the on call CPS social worker and a supervisor, but not likely a court hearing.
 
The emergency hearing was on on Sunday. The mother says there was a judge involved. The next court is on Tuesday after Labor day.
 
Seems quite unusual to me, and I do not see the need for the expense and urgency, but ... okay.
 
Agreed, Cdw.

In fact, it seems even less likely that there would be an emergency hearing two days before the scheduled hearing.

Doesn't make much sense.
 
Okay it is now Friday...I rented a car drove up to court in Orlando on Tuesday, where the judge determined that the kids should not be placed with the mother, and the cps investigator advised the court that i was there and willing to take the children. The judge slammed down the gavel and said fine. Afterwards the judge forgot to sign the court orders so nothing could get accomplished. So I waiting around to see if I could take the children with me as I had already completed a home study/ background check of my entire family this past May (which resulted in nothing) According to the Investigator they never got that info. So I rushed back home so I could once again jump through the hoops for DCP so I can rescue my nieces from Foster care. Once again I have had another homestudy done. I am still waiting....No phone calls, nothing...I have spoken with an attorney on the phone, and also nothing back from him..What does it take to get this resolved. Meanwhile the kids are rotting in foster care with God knows what.....
 
OP, your nieces & nephews are experiencing the effects of governmental intervention and parental neglect.

You, OP, are also suffering the "benefit" of governmental concern, care, and compassion.

God bless.

I pray this matter gets resolved the way you wish it to be, sooner, rather than later!!!
 
Now, why is it that people assume that foster care is always so horrible? As a foster parent myself, I take some offense to the thought that children in my care are "rotting."

Yes, there are some places where foster families are poorly monitored. Tragic, yes. Should it happen? No. But, when the alternative to that slim threat is a place where the risk is known, credible, and often dire, the slim chance that foster care MIGHT be poor is probably a better alternative.

Not to mention that if child service allows a child to remain in a bad home or turns the children over to a family member that might permit the abuse to continue, the child service agency would be castigated, sued, and pounded in the press ... rightly so. So, of course they follow a laborious and frustrating process.
 
CDW,

unfortunately you only hear/see bad things about Foster Care..I apologize....I would be one of those awesome foster care parents as well...There was a recent case here in South Florida were the foster parents tied the children up in the bathroom; brother and sister twins, and they killed the girl and poured chemicals on the boy...And DCF was making regular visits as if nothing was wrong...the children fell through the cracks...And the case manager in my situation has said without saying to me that she wants the kids out of the foster care as soon as possible..so red flags are going off in my head...but all I can do is hurry up and wait....
 
CDW,

unfortunately you only hear/see bad things about Foster Care..I apologize....
That's because the news only shows the bad in things. We get an impression of many things being bad, horrible, scary, etc. because when things go well they do not generate news headlines. When they go bad - and are titillating (like child care) - they attract attention.

And the case manager in my situation has said without saying to me that she wants the kids out of the foster care as soon as possible..so red flags are going off in my head...but all I can do is hurry up and wait....
To my knowledge the goal of any program is family reunification. Foster care is an alternative - often temporary - to provide a theoretically (and usually) safe and secure place for children while more suitable placements with family are identified.

While it is true that some people abuse the system for their own gain, I believe they are a small minority of the people who are foster parents. It should not happen, but it does. And, unfortunately, the oversight is just not there largely because of the resources necessary to adequately monitor all the foster homes in some jurisdictions.
 
update on my situation:

First off, let me say that the only way I am getting information is if I call them. So this morning I called the case worker for the children, and she informs me that the mother is now objecting to the children to come down to me because it would be hard for her to travel for her permitted one-hour-every-other-week visitation. Also that they might re-institute a case plan for her again to follow again for the reunification process. Meanwhile the court ordered no contact order with her and my brother (who is in jail) has been violated as she has gone to the jail to visit with him and retrieve his personal effects. So the saga continues.

So anything can happen. There is a court order for me to have the children, yet DCF/CPS can override that based on the mother rights. So I am on the verge of giving up on these kids. I can predict the future for these girls and its not a pretty picture.

So my thoughts are to give up on the system and my nieces. Any thoughts? Do I NOW get a lawyer to fight for the best interest of these children? Will the end results be favorable for me and the girls or for the rights of the mother overriding all?
 
As I am unfamiliar of the specifics of the Florida foster care system and how child services interacts with it, but I cannot understand how any child services agency can overrule a judge's order.

You might want to consult legal counsel for some assistance in wading through this mess.
 
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