How does my husband and I gain custody of my husband's nephew?

M

Mommyofone

Guest
Jurisdiction
North Carolina
In June of 2015 my husband's sister decide she wanted to give up her 2 year old boy (she doesn't even have custody of her first child who is 14). She wanted him to stay in the family, and my husband and I had been trying to get pregnant with no luck, we didn't even think twice about saying yes to take him. The deal was we raise him as our own and in a few years she could see him at family gatherings and such as "Aunt". She was all for signing papers granting us full custody but after about 6 months she went crazy and said she wasn't signing. She has bipolar disorder and is constantly angry. Since we have had him, she has been arrested twice, tried to fight my husband and her mother, and has threatened to take him away from daycare. I need to know how to get custody since it's been almost 2 years now. Should we do abandonment or take her to court? I want it where she can't take him and can't see him unless we say so. Any advice helps.
 
Without her and the father's cooperation, what you want is (more than likely) not going to happen. But don't believe some random strangers on the interwebs, call a few attorneys in your local jurisdiction and see if any can give you a free consult.
 
The father is willing. She just thinks we will go after child support which we don't need. We've not had any help and we are doing well without it. We've told her that we won't go after child support from her if she would just sign the papers. No luck. And every law office wants 200 to 300 dollars just for a consult. It's ridiculous
 
Raising a kid for another 16 years (20 if you include college) is going to cost you hundreds of thousands of dollars and you're not willing to spend $200 or $300 on a consult?

Give the boy back to his mother or to child protective services.

You're obviously not ready for the commitment.
 
Agree.... with adjusterjack. You think 200-300 is costly for a CHILD that could be put into a bad place? wow... maybe it's time to give the child to someone that really cares. Right now she can call the cops and take the child from you. why?? Because the child is hers. You stated that you and your husband was wanting to have a child. So you shouldn't seek support for this child. You need to get it done right thru the courts. If not you could get yourself into big trouble for taking her child.
 
Mommyofone said:
In June of 2015 my husband's sister decide she wanted to give up her 2 year old boy (she doesn't even have custody of her first child who is 14). She wanted him to stay in the family, and my husband and I had been trying to get pregnant with no luck, we didn't even think twice about saying yes to take him. The deal was we raise him as our own and in a few years she could see him at family gatherings and such as "Aunt". She was all for signing papers granting us full custody but after about 6 months she went crazy and said she wasn't signing. She has bipolar disorder and is constantly angry. Since we have had him, she has been arrested twice, tried to fight my husband and her mother, and has threatened to take him away from daycare. I need to know how to get custody since it's been almost 2 years now. Should we do abandonment or take her to court? I want it where she can't take him and can't see him unless we say so. Any advice helps.
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Has she had her rights terminated? Do you have legal guardianship or custody in any form? Then you don't have any rights to her son if those are no.

The custody of her oldest child has no bearing on this child.

She didn't give you custody or sign her rights away. So that's her kid - not yours. Until she gets her rights terminated or a court grants you custody, you don't have any say in that kid's life.

Raise the kid as your own and call her aunt? Why not just be HONEST with the kid?
 
Mommyofone said:
The father is willing. She just thinks we will go after child support which we don't need. We've not had any help and we are doing well without it. We've told her that we won't go after child support from her if she would just sign the papers. No luck. And every law office wants 200 to 300 dollars just for a consult. It's ridiculous
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Try searching again because most lawyers will give a free 30 minute consultation.
 
You should first think about giving birth to a child and put yourself in her shoes. I don't think that their is anything wrong with you raising the child as a nephew. he would likely still call you mom because you play that part. You have stated numerous reasons why the court would more than likely grant you custody, but do it the right way - petition the court for custody this way you have a legal leg to stand on - RECEIPTS, RECEIPTS, RECEIPTS!
 
Bella0824 said:
You should first think about giving birth to a child and put yourself in her shoes. I don't think that their is anything wrong with you raising the child as a nephew. he would likely still call you mom because you play that part. You have stated numerous reasons why the court would more than likely grant you custody, but do it the right way - petition the court for custody this way you have a legal leg to stand on - RECEIPTS, RECEIPTS, RECEIPTS!
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Who are you responding to? The OP doesn't want to raise the child as her nephew she wants to raise the child as her son and the child calls his mother "aunt." That's ridiculous and very messed up. He's 2 - I guarantee he knows who his mother is.

Receipts for what? You think that's going to get her custody? If the mother doesn't want to sign over custody she doesn't have to. She has the right to change her mind.

Two years and they haven't done anything? Plus courts are all about reunification. The bottomline is this woman doesn't have any legal holding to her nephew at all right now or based on her last post.
 
Bella0824 said:
You should first think about giving birth to a child and put yourself in her shoes. I don't think that their is anything wrong with you raising the child as a nephew. he would likely still call you mom because you play that part. You have stated numerous reasons why the court would more than likely grant you custody, but do it the right way - petition the court for custody this way you have a legal leg to stand on - RECEIPTS, RECEIPTS, RECEIPTS!
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Stop responding to old, in some cases long dead threads.

This is the ONLY warning you will receive.

You are welcome to respond to current, ACTIVE threads.

Thank you.
 

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