My brother has given the care of my niece to our mother

senecawoman

New Member
My brother is an alcoholic and a drug addict. In 2006 he had a baby with a street woman. The Denver department of Human Services (DHS) took the custody of the baby shortly after birth. I found this out when I went to see the baby and the parents didn't have her. When I found out the baby had gone to foster care, I applied for custody and had custody of the baby from 2006 to 2008. (6 weeks to 2 and 1/2) during this time the parents had another baby that that died shortly after birth. The DHS returned my niece to him in September of 2008 after a several court hearings in which I and the GAL objected that my brother was not capable of caring for her.
Over the next 7 years my niece was removed from his home 3 times because of the unacceptable conditions of the home (filth, waste, hoarding), and placed with me while he was ordered to clean up the premises. After cleaning up. my niece was returned to him despite my objections.

The problem with this is that my brother is living in the family home where we grew up. My mother owns the home outright and does not charge him rent. She is in a co-dependent relationship with him. She is the one cleaning up the mess he creates, not him. he does not clean anything. he does not work, He spends his days accumulating more trash everyday. I have been to court four times trying to get custody of my niece but all I have is visitation. In 2003, my Mom hired a lawyer to represent my brother and I could not afford a lawyer. My Mom's lawyer was not what you would call an "above board" lawyer.

I could not fight her tactics in court by myself. Even though I had court ordered visitation, my brother stopped bringing my niece to visit. On February 14, 2014, I went to the house with Valentines presents to give to my niece and when I when to give my niece a hug, my brother assaulted me and injured my niece. Now there is a warrant out for his arrest for Assault on me and Child Endangerment on my niece because he grabbed her and hit her head on the door while dragging her into the house.

Now, I found out from a family member that my brother had been seen for the last two months without my niece. He is a single parent, so there is no reason for him to be going around without my niece. I went to the police, and they started searching. They called my mother, (my niece's Grandmother) and her husband told them my niece is with them. As far as I know, they have no legal right to the child. What should I do?
 
There's really nothing you can do without an attorney. This is a messy case, and there are so many avenues to take it's really not something you can do on a message forum.
 
My brother gave care of my niece to my mother

There's really nothing you can do without an attorney. This is a messy case, and there are so many avenues to take it's really not something you can do on a message forum.
I am fully aware that this is messy. I have been fighting it for 6 years. But what if I have no money for an attorney? The last attorney I consulted wanted $2000. and I am living on a fixed income and am a single mother.
 
That's really not our call.

We can't walk you step by step through it. Have you tried your state's Bar Association for a low-cost referral?

The fact that you're still "fighting" after 6 years really does scream that you need an attorney to go forward.
 
The problem for OP is that even if she tries to enforce, there's really not a whole lot the court can do as far as punishment.

I have no idea why the police were contacted because Dad was seen around town without the child - while it might be indicative here that the child was "living" elsewhere, it's ridiculous to think that a single parent should never be seen without the child.
 
You could also try your local legal aid society for a possible no cost/low cost attorney. If you have a law school in your area, you could try there also.
 
I have made numerous requests to my brother and mother by txt to allow me to see the child, who is developmentally disabled. But they ignore me. I got referrals from the BAR and talked to 3 attorneys for $75, but they all wanted $1000S to represent me. I finally went to the house my mom owns where my brother lives on 2/14/2014 to bring the child Valentines gifts. My brother came out, and when I went to hug my niece he assaulted me and harmed the child. Now there is a warrant out for his arrest but he hasn't been arrested. He won't come out of the house when the police knock. I know I need a lawyer, but I have no money. I was disabled in a car accident. But thank you for your interest.
 
I have made numerous requests to my brother and mother by txt to allow me to see the child, who is developmentally disabled. But they ignore me. I got referrals from the BAR and talked to 3 attorneys for $75, but they all wanted $1000S to represent me. I finally went to the house my mom owns where my brother lives on 2/14/2014 to bring the child Valentines gifts. My brother came out, and when I went to hug my niece he assaulted me and harmed the child. Now there is a warrant out for his arrest but he hasn't been arrested. He won't come out of the house when the police knock. I know I need a lawyer, but I have no money. I was disabled in a car accident. But thank you for your interest.

I think we're missing part of the story. If the police are genuinely trying to arrest him, they'll do whatever it takes to get into the house no matter what. Him not answering the door won't stop them.
 
Not the Police in Denver, Colorado. They have repeatedly told me that if he doesn't open the door there is nothing they can do without a warrant an this case doesn't rise to the level of getting a warrant. I have gone to the police station 3 times, literally, and asked them to get my brother and this is what they told me.
 
Your prior post said, quote: "Now there is a warrant out for his arrest but he hasn't been arrested."
 
Sticking to the facts is vital here as we can't help you if you play fast and loose with the truth. Either there is a warrant out for his arrest or there is not. If not answering the door makes the police go away, that isn't a warrant. Sounds more like you made a report based on Valentine's Day incident and the police are maybe willing to question him about it. Very different. Honestly, unless your injuries or the injuries to the child are extreme, do not expect much. It sounds more like Dad didn't want daughter hugging you and pulled her back inside, and she bumped her head on the door. That isn't assault, that is an accident. Very different than purposely slamming a little girl's head against a door.

Trust me, I feel you on your attachment to this child and it is hard to watch a child you care about live a less than ideal life.
I've been there. Sometimes though, you have to realize this is not your child. Parents have a lot of latitude in how they raise their children. There is always someone out there who could give them a better life, more opportunities, provide a happier home, etc. Children only get removed when directly in danger. Dad can also decide where the child lives/visits. If Great Aunt Mildred wants to keep Suzie for a few weeks, the law isn't going to prevent that if Dad says it is ok. If you truly have court ordered visitation (which would be unusual), you can file in court to have that order enforced. Getting custody away from dad entirely is a very different and much more complicated matter. Honestly, as a single, disabled mother of limited means, being granted full custody from an unwilling parent is going to be all but impossible.
 
I know this is hard to believe but it is true. I am still in treatment for the injuries I received from my brother, but he was charged with a misdemeanor assault. I am not asking for full custody, I am asking for my legally ordered visitation rights. I have visitation because like I said, I am the only mother she has ever known. She is not living less than ideal life, she is living a life of neglect abuse. At six years old she was still not potty trained. She was with an alcoholic and drug addicted father and if he has given her to the care of the grandmother and her husband this is no better. The Grandmother's husband is an alcoholic and the grandmother is a church-a holic. The child is developmentally developed and the grandmother is not opposed to using corporal punishment to get her to comply with her wishes. By they way.... who is this?
 
You still didn't verify if there is or isn't a warrant out for his arrest - in one post you say there is & in another you say there isn't.

You can go to court to try & get the court ordered visitation you say you have enforced.
 
I can see your confusion. There is a warrant for my brother's arrest for assault and child endangerment. The police cannot enter the home without a Search Warrant. Sorry I did not make that clear.
 
I'm surprised that if they really wanted to arrest him & there is a warrant for his arrest, why they need a search warrant also to get in the house & arrest him.
 
ok, I feel the same way. I don't want to belabor this point but under the laws of my state, the police will not break down the door to get my brother unless they have a court order and I have asked them 3 times. I have literally walked into the Police station and asked them to go get him. The police have told me that this case does not rise to that level of Police intervention and I believe I mentioned that above.
 
Ultimately though, as far as you are concerned, all you can do is take him to court to enforce the order already in place for visitation. If you have reason to believe that he is harming the child, report it to CPS. That doesn't mean you get custody or guardianship. It means CPS will investigate and determine if there is cause to remove the child from the home or if other interventions are needed.
 
Unfortunately, I have had a very bad experience with CPS. I have tried repeatedly to get them to recognize that he is not capable of raising a child and beyond that is neglecting and abusing the child, without success, e.g: ignoring her special needs, not being able to pay for a house hold on his own, not being able to potty train her even until she was six, leaving thumb bruises on her arms, not bething her or taking care of her hair, and so on. But thank you for your input.
 
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