Child Custody for nephew

[amyc66]

My sister in law has abandoned her 13 year old son with us for 2 months now-his dad is in jail.
She is getting social security for him and is lying about getting it. So we are not receiving any kind of help from her for her child that has been here.
Last night she called and said she wants nothing to do with him and that he can't call or know where she lives.She calls him names and hangs up on him,
She claims her counselor advised her to ignore him.
I am thinking she receives food stamps for him also.

The father,which is my husbands brother had custody but is now incarcerated. He may be able to get out of jail in 6 months.

How would I go about getting him back in school?
How or can we get support for him? Can we file for custody? Isnt this abandonement on her part?
Thanks in advance!

 

[amyc66]

Now she is calling here saying she wants him home and hung up on him because I didnt want to talk to her! She is really whacked out!
UPDATE:
SHE HAS CALLED more than 5 x harrassing me
Her own mother called me saying she is psycho.
Her son does not want to go with her at all now...what do I do?

 

[ohiogranny]

IF mom doesn't show up to get him, see if Dad can file for you to have guardianship until he gets out of jail. He should have done that when he was sentenced. If he can't, you may be able to file. See if it can be done on an emergency basis and ask that the boy continue to live there until a hearing is held. Mom will have to be served and she will have to prove why she should have custody. She, as the legal parent, may well get it because the other parent is unavailable. You will have to show that he has been in your care for 2 months. Why did dad have custody? What do you mean by getting the boy back in school? Has he been out? Has mom kept in contact with him?

 

[amyc66]

His Mom is getting a ssi check because he is said to be mentally retarded ( which in my opinion he is not!) She has him doing schoolwork on the internet. She will not take him to tutoring--we do. She has not had him in her care for at least 6 months now. His Dad had custody because she didnt want him.
Tonite she called the police on us saying we wont let her see him. I explained to the police officer what was going on and offered them to come over but she more or less laughed and agreed the mom is psycho. He does not want to go with her, I never ever kept her away. She would make excuses as to why she cant take him to tutoring or dentists appointments. She is making no sense and went as far as to tell him not to call her mom anymore.