What can I do if my sister has custody, but is an unfit parent?

[HeroTheresa]

My sister is epileptic and had a baby last year. Her seizures have been bad for awhile, and she has fallen and hit her head multiple times. I am not a doctor, but i think this may have caused her to have some problems mentally. I know she was taking topamax and depakote at one point...i dont know if that could affect her mental stability or not. Recently it seems like she has been i guess imagining things. Shes been accusing people of things that didnt happen. One time she thought started randomly apolgizing for something that she didnt even do. I also have concerns with her as a mother because of these things. I have noticed her impatience she has when it comes to the baby. She has recently split with the father of her baby on really bad terms and recently disowned my mom, brother, and me after she threatened to kill my mom and brother. Indiana automatically gives custody to the mother. She doesnt have a job, a car, and is currently staying at one of the shelters in my area. Since she was not married to the father of the baby, he currently has no rights until he goes to court and fights for them. Im just wondering if theres anything my mom and i can do to see the baby or to help prove she shouldnt have full custody.

 

[army judge]

My sister is epileptic and had a baby last year. Her seizures have been bad for awhile, and she has fallen and hit her head multiple times. I am not a doctor, but i think this may have caused her to have some problems mentally. I know she was taking topamax and depakote at one point...i dont know if that could affect her mental stability or not. Recently it seems like she has been i guess imagining things. Shes been accusing people of things that didnt happen. One time she thought started randomly apolgizing for something that she didnt even do. I also have concerns with her as a mother because of these things. I have noticed her impatience she has when it comes to the baby. She has recently split with the father of her baby on really bad terms and recently disowned my mom, brother, and me after she threatened to kill my mom and brother. Indiana automatically gives custody to the mother. She doesnt have a job, a car, and is currently staying at one of the shelters in my area. Since she was not married to the father of the baby, he currently has no rights until he goes to court and fights for them. Im just wondering if theres anything my mom and i can do to see the baby or to help prove she shouldnt have full custody.

How sad for your little niece or nephew.
How brave of you and your mom to want to try and help.
If you believe the child is being neglected, harmed, abused, or malnourished; you should immediately contact your local police agency.
The police will investigate and hopefully get help for the baby.

You can also contact your state's child services agency.
They will also investigate children at risk.
You could advise them (or the police), that you and your mother would like to be named temporary/emergency custodians of the child, should the investigation be founded.

What you'll discover is that the standard to be a "good" parent is set very, very low.
You've also, sadly observed, that anyone possessed of fertility is also allowed to breed!

If you seek other remedies, the services of a local attorney should be considered.
It can often be an expensive, time consuming, and sometimes empty journey.
I wish you and your mother much luck.
I hope you can legally rescue that precious child.

 

[HeroTheresa]

Our local police have witnessed first hand how she is with the baby. The night she threatened my mom and brother she ripped the baby out of my moms arms and police saw the whole thing. They corrected her and yelled at her. They then called the babies father and told him to come get the baby. But now with the law being the way it is the baby is back with my sister. Its just very frustrating and feels like a fruitless effort, but hopefully everything will work out the right way. Thank you for your advice. I greatly appreciate it.

 

[irish223]

Since it is so difficult to prove a parent unfit and it seems that she's been the primary custodian for a year, most likely your sister will retain at least joint custody of the child.

A quick google of both depakote and topamax revealed that both have side effects that can cause the symptoms you've described. She may need to visit her doctor for reevaluation of her medication. If she's reluctant to do that on her own, she needs someone she trusts to guide and encourage her.

IMO, you would more of a hero if you rebuilt bridges with your sister in order to help her AND the baby.

 

[Duranie]

Did Dad sign the birth paperwork? That established paternity in most states. please encourage Dad to file for joint custody and visitation ASAP. The legal standard for being a parent is pretty low so it will be hard to prove mom is unfut but Dad has just as many rights as mom as soomn as he goes to court.