Hello

Nephew Custudy

Discussion in 'Use of the Law Forum & News' started by mlozano, Dec 17, 2013.

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  1. Dec 17, 2013 #1
    mlozano

    mlozano Law Topic Starter New Member

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    My sister was in an abusive relationship and had a child, she left the child's father and came to live with me and my mother. My nephew is now 4 years old and since my mother and myself have provided for the child. My sister took no responsibility for the child, she never took care of him. She works the 1st shift as a CNA, she gets out at 3pm and would come home shower,change and go out to party, she would get to work intoxicated and not come home for days. My nephew never wants to go anywhere with her because he's scared that she's going to drop him off at his father's place and he hits him. My sister has a serious drinking problem. Is there anything my mother or I can do to gain custody of him?
     
    mlozano, Dec 17, 2013
    mlozano, Dec 17, 2013
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  2. Dec 17, 2013 #2
    army judge

    army judge Super Moderator

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    Custody could be difficult, because what you say about your sister is countered because you and your mom take up her slack.

    You can speak with a local lawyer, see what options you have.

    Alternatively, you can report your sister's apparent NEGLECT of the child to the police or the child protective agency in your state.

    Good luck...
     
    army judge, Dec 17, 2013
    army judge, Dec 17, 2013
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  3. Dec 17, 2013 #3
    Betty3

    Betty3 Super Moderator

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    You can't get custody without talking to a lawyer & going through the court system. You then would have to prove that there is abuse and/or neglect by the Mother which "might" be possible in this case.
     
    Betty3, Dec 17, 2013
    Betty3, Dec 17, 2013
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  4. Dec 17, 2013 #4
    Proserpina

    Proserpina Moderator

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    (there is no abandonment or neglect here - Mom left the child in the care of a fit adult)
     
    Proserpina, Dec 17, 2013
    Proserpina, Dec 17, 2013
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  5. Dec 17, 2013 #5
    mightymoose

    mightymoose Moderator

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    Police won't care about this.
    Dad would likely get custody before you would.
    You can soak with an attorney about your options, but be careful speaking with social services. That could set off a chain of events you are not looking for.
     
    mightymoose, Dec 17, 2013
    mightymoose, Dec 17, 2013
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  6. Dec 19, 2013 #6
    mlozano

    mlozano Law Topic Starter New Member

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    Nephew Custody

    I have a 4yr old nephew, he lived with me and my mother, until recently when my sister took him away. My sister is a CNA, she has an alcohol problem and she does not take care of him. She leaves him with his father, who is abusive and my nephew is terrified of him. Is there anything my mother or I can do to get custody of him?
     
    mlozano, Dec 19, 2013
    mlozano, Dec 19, 2013
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  7. Dec 19, 2013 #7
    Proserpina

    Proserpina Moderator

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    Unless Mom agrees, no.

    Have child services been involved with the alleged abuse?
     
    Proserpina, Dec 19, 2013
    Proserpina, Dec 19, 2013
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  8. Dec 19, 2013 #8
    Betty3

    Betty3 Super Moderator

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    Speak to a lawyer as suggested previously.
     
    Betty3, Dec 19, 2013
    Betty3, Dec 19, 2013
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  9. Dec 19, 2013 #9
    army judge

    army judge Super Moderator

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    Nothing LEGALLY that you can do.

    I wouldn't recommend anything that's ILLEGAL.

    If you're smart, stay out of her business.

    What you don't know about, see, or hear; you're better off being in the dark about.
     
    army judge, Dec 19, 2013
    army judge, Dec 19, 2013
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  10. Dec 19, 2013 #10
    Proserpina

    Proserpina Moderator

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    For what its worth, an intoxicated CNA would be recognized as such, and dealt with VERY quickly.

    So how about we stick to the facts?
     
    Proserpina, Dec 19, 2013
    Proserpina, Dec 19, 2013
    #10
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