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trying to get custody of my nephew

Discussion in 'Adoption' started by concernedaunt22, Jan 1, 2014.

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  1. concernedaunt22

    concernedaunt22 Law Topic Starter New Member

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    I am currently trying to get legal custody of my nephew. this is confusing so try to stay with me. my mother currently has custody of my sister's 3 year old son and 7 year old son. legally shes only had full custody of the 2 of them for 2 years now, but has had the 7 year old practically since birth and the 3 year old most of his life as well. dcf is involved as of now with my sister as well as my mother, they know that the 3 year old is currently living with my wife and I as of right now and are okay with this. come mid jan. dcf will close my mothers case and at that time my mother has agreed to sign full custody over to me through the courts. but here's the confusing part i have a criminal record dcf is aware of this and knows i have been out of trouble for years, i am scared that when my mom signs custody over to me through the courts that my sister will try to take my nephew from me. my sister is a drug addict pills, and i'm assuming crack is now in play as well. but she puts on a very good front to the court systems recently they took her off of probation because she gave a clean urine (took a drink to clean her urine) even though her probation officer asked her to be held in prison for 6 months for repeatedly violating, the judge ruled to end her probation. we also took the 3 year old to the dentist and he has 6 cavitites he told us that mumma feeds his starburst and candy for dinner and meals. dcf is aware of this and plans to press neglect charges on her. all this being said will she still be able to take custody of the 3 year old from us?
     
  2. Proserpina

    Proserpina Moderator

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    Where is the other parent?

    Mom can't just sign over custody like that.

    If DCF is planning to remove the child because he has cavities , Mom is going to argue that and she's right. Why they told you that is beyond me: They can't just walk in and remove the child. The fact that Mom is now deemed a fit parent, the court is going to wonder why you are challenging the court's decision.

    If Mom wants her child back she has every right to turn up at your house and demand you release the child - and if you don't, you'll be risking federal charges. Plus, the judge has already essentially decided that Mom is no risk to the child.
     
  3. army judge

    army judge Super Moderator

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    What is wrong with people wanting to adopt kids like they're chattel?


    Sent from my iPhone 4S via AT&T using Tapatalk
     
  4. concernedaunt22

    concernedaunt22 Law Topic Starter New Member

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    the father wants no part of the children, he's too busy running off getting high. the mom (my sister) does not have custody of the children. my mother (the childrens grandmother) has full legal custody of the children. my sister has not made an effort at all in court or to contact my mother to get the children back. she is too busy living with a very older man (her sugar daddy) getting high eating prescription narcotics all day long. this old man she is living with actually put criminal charges out on her for theft from his house when she pawned his gold coins and other items and she still lives there with him. she currently has custody of the one year old child who she took drugs with during her entire pregnancy who came out with withdrawals which is the reason dcf is involved in the first place. we tried to help her when she left the hospital with the baby she came to live with my wife and i, we agreed to help her with the baby and give her a place to live rent free as long as she got on her feet, dcf has been to my house several times when they were living here and deemed our house hold fit. she was here for 5 monthes and all she did was sleep all day long while my wife was at work leaving me with the baby all day and get high on prescription narcotics all night leaving me with the baby. I had to give her an ultimatum either find a job, or try go to school, or she would have to leave, she chose to leave that's when she found this old man who is also a drug addict and has child abuse on his record. and please do not get me wrong i do not want to keep her children from her forever I ONLY WANT WHAT'S BEST FOR MY NEPHEWS. i have absolutely no problem at all giving custody of the boys back to her if she can provide a good enviroment for them and stops doing drugs. we already have the 1 year old 3 weeks out of the month as it is thank god for him because the last time we went to pick him up she had him in a crack house that was so dirty and disgusting it should have been condemded, the entire house was full of old scheevy men and young girls and weed smoke so thick i could bairly breath, my poor nephew was strapped into his car seat for god only knows how long soaked in sweat wheezing so bad from the smoke it broke my heart, he got lice from this household we had to shave his head and give him a lice treatment, and could not even save a lock of his first hair cut for his baby book. we had to immediately bring him into our truck and give him 2 breathing treatments from his nebulizer and stop at the store throw away everything he was wearing and buy a new outfit before we could drive him home with us... now mind you at the time this poor baby was sick my wife and i had him 2 weeks prior to this and he was sick we had his cold nearly gone when we gave him back to her( also he was born with asthma and respritory issues from being a drug baby) so any type of smoke can be fatal for this poor baby. this is not a mother who should have her children at this point... the 7 year old cried to my mother when his baby brother was first born telling her he had to go back and live with his mother and he was scared, when my mother asked him why he needed to go back to his mother and assured him he didnt have to do anything he didnt want to he said he had to go and take care of him like he did with the 3 year because his mother never wakes up and sleeps all day, he informed my mother it was him who woke up in the morning with the 3 year old when he was younger and fed him breakfast... any time we drive by pawn shops around our area the 7 year old points them out and says auntie my nintendo ds you bought me mummy sold it to them, my playstation 3 mimi got me she sold it there... anything we ever bought those kids worth value is gone shes pawned it and never gotten it back. when she came to live with us my wife and i even told her lets start frsh you can turn your life around and to prove we trusted her to give her confidence in herself my wife went out and bought us both matching pandora bracelets with sister charms... can you guess where that ended up??
     
  5. concernedaunt22

    concernedaunt22 Law Topic Starter New Member

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    so army judge before you go making ignorant comments like that maybe you should ask for more details in the situation.. my nephews are far from CATTLE (thats how you spell that word incase you were wondering). I am literally worried about my nephews lives... and like i said i would never hold my nephews from my sister forever once she proves she can steadily hold down a good enviroment for them i would have no problem giving them back to her... also proserpina i must not have been clear in my first comment because the mom ( my sister ) does not have custody of the 3 and 7 year old. my mother ( the childrens grandmother ) has full custody of the 2 oldest through court systems. she has no right at all to show up anywhere and demand the 3 and 7 year old she would have to petition the court first.
     
  6. army judge

    army judge Super Moderator

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    Cattle and chattel are TWO entirely different words.

    Cattle can be chattel, and some people used to be considered chattel, too.

    When slavery was outlawed, no person could ever be considered chattel.

    Chattel: an item of tangible movable or immovable property except real estate and things (as buildings) connected with real property

    As far as you convincing me of your motives, I am of no matter, moment, import, or consequence if you choose to pursue custody of your nephew.

    Therefore, I suggest you make your argument before the appropriate legal official, if you choose to seek custody.

    I suggest you speak with a couple local family law attorneys in your county.

    They will normally meet with people for an initial intake visit free of charge.

    You can use those 15-20 minutes to ask them questions as to how much they charge to represent people seeking what you desire, how long it would take, if its even possible for you to receive what you desire, and how custody hearings work in your county.

    Good night, and please don't to flame, insult, or troll others on this forum.

    In deference to this being a very emotional issue for you, I'll ignore what you posted above, and the language you chose to use.

    But, please try to be more civil going forward, if you choose to remain here.

    This is the only warning you will receive from me.
     
    Last edited: Jan 5, 2014
  7. concernedaunt22

    concernedaunt22 Law Topic Starter New Member

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    with all do respect army judge i was only defending myself against the comment you made to me that in my personal opinion was ignorant and uncalled for. as far as language i did not use any derogatory vulgarities what so ever. so i am not sure what you mean by language.
     
  8. concernedaunt22

    concernedaunt22 Law Topic Starter New Member

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    but i will take your advice and seek legal counsel. I have a lawyer that has been a close personal friend of mine for a long time that handles all my cases. not sure if family court is in his area of expertise but im sure he can pint me int he right direction if not
     
  9. Proserpina

    Proserpina Moderator

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    I think you're still missing a very important point.

    The court has decided that there is no imminent danger. This generally nixes the idea completely, before you get past the courthouse doors.
     
  10. army judge

    army judge Super Moderator

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    I directed no comment at you until I posted today at 12:33 AM.

    MY OTHER comment was directed at no one in particular.

    You've been advised, I'm locking this thread.
     

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