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Getting Custody of Nephew?

Discussion in 'Child Custody & Visitation' started by 7Gjcmskj11, Sep 3, 2018.

  1. 7Gjcmskj11

    7Gjcmskj11 Law Topic Starter New Member

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    Jurisdiction:
    New York
    I Have a nephew who is almsot 2 years. My sister and her off and on husband are bad parents. The husband is very violent he doesn't hit my sister or my nephew but he punches walls and throws things and etc. Constantly fighting with eachother screaming and etc. Weve had to call the police on this guy off and on for 10 years. My sister goes to college but everyday my nephew has soem sort of scratch or cut or bruise on his body. Im beginning to think shes not watching him. She has me and my mother watch him on mondays through thursdag to go to school. She has soem mental illnesses her self. She has some things happen to her as a kid that messed up her thinking she legit acts like a 12 year old. I just fesr there will raise my nephew wrong and to be a bad person. My parents live with my husband and me. How should i approach trying to get custody?
     
  2. army judge

    army judge Super Moderator

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    Nothing you have said would indicate that the mother or father would lose custody of the child for punching walls, or even being as loony as a lollipop.

    The parenting skills of the couple you describe might be less than stellar, but not enough for the state to strip either of the parents of their parental rights.

    All you can do is report any harm that comes to the child.

    Based upon your recitation of events, these days being a bad parent alone is not enough for the state to take you to court and argue that a judge strip you of your parental rights.
     
  3. shrinkmaster

    shrinkmaster Well-Known Member

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    You ask them for custody thats how dont expect that to end the way you want.
     
  4. leslie82

    leslie82 Well-Known Member

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    How does one have an "off and on' husband? If they are legally married then that's her husband.

    "Seems to have a mental illness." Are you a licensed medical professional?

    Have you talked to your sister about this? You can try to file for custody but you need some proof to back up why you think the kid is in danger. You could try to get temporary custody but you need more than what you mentioned.

    Then again, my ex MIL got temporary custody of my ex's oldest somehow and she's the looniest person I know. However, I think that happened mostly because the kid's mother didn't realize how crazy she is and allowed it because she thought my ex MIL could "help" her son.
     
  5. Highwayman

    Highwayman Well-Known Member

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    Feel free to arrange a consultation with an experienced family law attorney in your county so that you can have the ins and outs explained to you. You may think the child is in a bad situation but chances are the court system would disagree with you.
     
    leslie82 likes this.

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