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Custody of nelhew

Discussion in 'Adoption' started by SarAdkins, Jun 19, 2017.

  1. SarAdkins

    SarAdkins Law Topic Starter New Member

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    Hello this will be long so please just take the time to read.
    I am 21 years old married stay at home mom of a almost 9 month old son. I have a almost 3 year old nephew his parents got divorced a year ago due to infidelity and abuse to spouses. My nephews father is my brother who is in my eye not fit to care for his son and legally has no custody of my nephew for over a year. My nephews mother does have custody I do no she is smoking illegal substances and she is in contact with someone frequently who I personally have a restraining order on due to his voilent attitude and the man himself threatening to kill my son. However I feel his mom does not are about him hardly always passing him off and whenever I watch him it ends up she is to tired from something and wants him to stay here. I once had him almost a hole week. I want to try and get custody of my nephew my husband makes enough so that I can stay home and watch and care for my son. But my nephew watched his parents hit smack cuss so forth at each other for years I want it to end I want my nephew in my care. How do I go about this? He came to my house today with at least 20-30 bed bug bites alone!
     
  2. leslie82

    leslie82 Well-Known Member

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    If you suspect abuse, call CPS. Nothing you've stated would cause a judge to grant you or anyone else custody. What proof do you have that she's doing drugs? Parents can have people babysit their kids as often as they want. Parents also allow kids to stay at family member's homes quite often. Bed bugs don't mean neglect or abuse.

    His mother isn't with your brother anymore right? And he's in jail? So the abuse he observed has ended. Also her being in contact with someone you don't like doesn't mean anything either.

    I don't see anything that would get a judge to grant guardianship or custody.
     
  3. SarAdkins

    SarAdkins Law Topic Starter New Member

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    I'm not one to take a child from a mother what so ever. But he came to my house today and said he wanted to die. I have no problem with her being around the man I have a restraining order on my concern is the association it will have on my nephew. My brother served time and was released a while back and get to see Emmitt whenever he asks to. When he stayed with me for a week when she was suppose to be working she was out doing dumb crap like drinking partying. I do have proof she smokes illegal substances she has posts about it on her social media site.
     
  4. army judge

    army judge Super Moderator

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    If a child, even one unrelated to you made such an admission, common sense, moral responsibility, and the fact that you are decent human being mandates you do but one thing.

    What thing?

    Contact the police, because the response would be swifter.
    Report what the child told you, and the police will see to it the lad gets help.

    Another sensible option, perhaps more kindlier, nevertheless appropriate; is to take the child to the nearest ER. Tell the triage or intake nurse what the child told you, and ask for a physician to examine him. The various hospital authorities will see to it the lad gets help he desperately is seeking.

    Frankly, if it were me, I'd choose option 2.

    Another option is to contact your child services agency.
    The response might not be as quick, that is why I suggested contacting the police who can make the agency involved respond quicker than a private citizen.

    What the kid said to you is what mental health authorities call an outcry.
    The issue with children, it takes a mental health professional to determine if its true.
     
    leslie82 and hrforme like this.
  5. zddoodah

    zddoodah Well-Known Member

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    You will need to report what's happening to the local child protective services authority ("CPS"). If CPS decides to remove the child from his home, you can ask that he be placed with you.
     
  6. SarAdkins

    SarAdkins Law Topic Starter New Member

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    Ok thank you all for the help. I am young and have no clue where to start. Our neighbor is CPS I have called her over to my house for a meeting. She will be bringing a officer with her. She knows us well and said she will do her best to see if she can do emergency placement in my household. What might happen though she said since we have only been married for a few months is we can not legally adopt him until we are married for a year she said. I honestly told her I want him safe. Even if he can not be placed in my care to put him in someone's care.
     
  7. leslie82

    leslie82 Well-Known Member

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    So when did you call the police and CPS to report any of this? Unless she's posting photos I don't know if that would even be proof. People can always say "my account was hacked."

    All I'm saying is that people post on here constantly about wanting to give a kid a better home but never call the cops when they suspect abuse.
     
  8. SarAdkins

    SarAdkins Law Topic Starter New Member

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    The CPS woman came over today at 5 pm along with a local sheriff where they documented all the bites and bruises on my nephew. I have 3 people willing to testify that they have seen said mother doing the illegal substances and they will do a home inspection of my ex sister n laws house within the next few days. I'm not like the ones who say something and won't follow threw. I was adopted myself and I have been the child abused and unwanted. I will never settle for it happening to one of my nieces nephews or my own children even! They will also be issusing a drug test
     
  9. leslie82

    leslie82 Well-Known Member

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    Okay then you called the police. CPS is investigating. Not much anyone on here can help you with. I suggest finding a lawyer who does free consultations in your area. Good luck.
     

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