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Possible custody of sisters vs abusive dad

Discussion in 'Other Family Law Matters' started by Cacree, Nov 28, 2016.

  1. Cacree

    Cacree Law Topic Starter Guest

    My mom married her now ex husband when I was little and years later had my two baby sisters, now age 12 and 13. He was extremely abusive to me and my other full sister so my mom left, but he has joint custody of my half sisters. He is emotionally abusing them to the point where my sisters are very emotionally immature. My step dad has told my sisters if my mom gets remarried he'll kill all of them. My family lives in a little town in Nebraska. The police will not listen to my mom or sisters and my mom can't afford a lawyer and won't stick up to my stepdad for fear that he will hurt my sisters.
    I am the oldest sister. I live in South Carolina with my husband. Together we gross annually about $60,000/year. My mother has multiple sclerosis and she can't take care of herself. The apartment she lives in with my sisters is absolutely disgusting and my mom spends a lot of time in bed depressed. If something happens to my mother or she is ruled unfit to take care of my sisters, how likely am I to win a custody battle over my stepdad who I believe has just a slight criminal record, but joint custody of my sisters?
    How does the process work for my sisters to go to court when they're old enough and say they don't want to live with their dad? My mother can't afford a lawyer but my husband and I are already willing to pay for one AND move my mom and sisters down south when my stepdad goes looking for them.
  2. KatDini

    KatDini Well-Known Member

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    If the children are being abused, you contact the proper authorities in that jurisdiction.
    Children do not get to 'choose' who they live with; if the State sees fit to remove them from your Mother's custody, the children's father is the next in line. You have no rights to enforce in this matter.
  3. leslie82

    leslie82 Well-Known Member

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    Your mom has to be the one to stand up to him. I highly doubt that the cops are "not listening." No matter how small of a town in Nebraska. I grew up in Nebraska. If it's a small town they already likely know what's going on and probably have been called by the neighbors before when they were together.

    Tell your mom to search around for lawyers with free consultations. There are many who do a half hour free. And if she explains her situation some might even work with her. My divorce lawyer worked from home so I got a reasonable deal. Now he works at a private firm so costs a lot more if I were to retain him again.

    Also - CPS in Nebraska (from what I've heard from friends who have dealt with it) CPS really won't remove children unless there are obvious signs of abuse and/or neglect. So if they go to the house and it's clean, the parent(s) are both working and taking care of the kids' needs, there are no obvious signs of abuse, they will close the case.

    You can report him - and keep reporting him. Maybe they'll open a case. I'm just going off what I've heard. I know someone called CPS on my ex sister in law last year because there were rumors her husband was dealing drugs out of the house. They talked to the kids at school. But the kids were never removed. So they might interview the kids. Depends.

    If they have joint custody she can't just up and leave with those two girls. She's just gotta stand up to him. She can date anyone or get remarried if she wants to and he threatens your mom or any of you, call the cops.

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