How do I go about fighting for my nephew

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ATKINSONJ

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My jurisdiction is: Texas

My jurisdiction is: Texas

My nephew is 7 months old. My sister had him at 18. She really thought it was the best day of her life. She has wanted a baby for a number of years. She is in an abusive relationship with the father. After he was born my sister couldn't handle the crying, the consant attention, not sleeping at night, being a parent. At that time my partner and I took him. During the time that we had him, the crying stopped and he slept through the night. The problem we know was that was't able to get the rest that he needed. Her and the father constantly fight (loud and abusive). Doing drugs. Going out at all hours. The baby constantly being woken up, showed off, dragged along, and sleeping in a different place every night. She came down a few weeks after we had him and took him back. During that time she was arrested for theft, continued drug abuse, and sleeping in a different place each night. She moved to Dallas to live with her abusive dad and his new girlfriend. When she went back to "visit" she found out she couldn't go back to Dallas. While she was up north. I got a phone call from her (she was looking for our mother) she needed help. One night, a guy at the club she was working at offered her money to go to a motel with him. If that's not bad enough she decided that she would walk out of her job and take my nephew to this motel so that she could make some extra money. Things didn't go as well as she hoped and something happened. When I called the motel back to get ahold of her I was informed that her and my nephew were taken by the police. I then made a few calls and got ahold of her at one of the women's shelters. My mother went and got them that night and brought them both to my house. That is when we asked her and the baby to stay. We could get her a job or she could stay home and take care of her son. She decided to to go back north to strip, leaving my nephew with us. I wanted to protect ourselves so I had her sign a power of attorney good from jan'09 to march 13, '09. We did this because she is that girl who would get mad and report him kidnapped. The plan was for her to leave him with us until she could get her life together. We would keep doing these power of attorney's a few months at a time until she could be a good mother. During the past two months that we have had him she has moved out of the apartment she was staying at (rent-free), is now living in a motel, still stripping, abusing drugs, and seeing the abusive father.
The best choice she has made since having him is leaving him with us. She has a car seat and would seldom use it. When she did it wasn't buckled. I am just lost now... We love this boy so much and want to prevent the bad that will come if he is taken from here. He is stable, sleeps through the night ( in his bed;in his room), is on a schedule, and most importantly is safe. I want to keep it that way. His parents are the kind you see in the news giving drugs to little kids. I want to avoid that. She loves him without a doubt but she sees him more as an accessory than a son. Any advice would be great. The sooner the better. Our family believes she will be coming to get him in about a week if not sooner.
 
You need to file for custody ASAP. You really should see an attorney or go down to the family court law library and file on your own but an attorney is the best way to go. Keep in mind though that both mom and the dad can fight you, but you need to go to court and get some sort of custody otherwise mom is free to come get him.
 
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