Worried for the safety and well being of my Nephew

[Bmir22]

Jurisdiction

California

I have a nephew that is now 5 years old. Since he was born pretty much all of my siblings and my parents have been heavily involved with taking care of him. My brother and his girlfriend had him when they were about 20 years old. They have never put the time into my nephew like they do themselves. My brother just barely moved out of my parents house and the girlfriend is now ex girlfriend and she lives at her uncles house. She sees my nephew maybe two days out of the week. And my brother has him he other days at the night time as my mom watches him through out the day. My brother has an alcohol and drug problem and we have had to call the cops on him a few times already. He has not been arrested for some reason he skates by. Just a few months ago he got physical with me, my mom, his new girlfriend, and my aunt. He has also made threats. About two months ago my nephew went to my grandmas house and told her that he seen his daddy hit his new girlfriend. Just this week my nephews mom was going to have me watch my nephew and my brother is now keeping him from me. I am worried about my nephews safety. my family doesn't push to much with my brother because of his erratic behavior and they are afraid he will keep my nephew away from them. Can I file for custody of him? He doesn't like going to his moms because he doesn't really see her and then my brother is just not a great influence and I worry for his safety. Please help.....

 

[army judge]

If any child is in danger you call child services or the police.

Custody of a nephew is very hard to obtain.

You can try by talking to a lawyer, because you'll need one if you try to get custody. Even with a lawyer, it's a very difficult process that often ends in failure.

 

[leslie82]

I have a nephew that is now 5 years old. Since he was born pretty much all of my siblings and my parents have been heavily involved with taking care of him. My brother and his girlfriend had him when they were about 20 years old. They have never put the time into my nephew like they do themselves. My brother just barely moved out of my parents house and the girlfriend is now ex girlfriend and she lives at her uncles house. She sees my nephew maybe two days out of the week. And my brother has him he other days at the night time as my mom watches him through out the day. My brother has an alcohol and drug problem and we have had to call the cops on him a few times already. He has not been arrested for some reason he skates by. Just a few months ago he got physical with me, my mom, his new girlfriend, and my aunt. He has also made threats. About two months ago my nephew went to my grandmas house and told her that he seen his daddy hit his new girlfriend. Just this week my nephews mom was going to have me watch my nephew and my brother is now keeping him from me. I am worried about my nephews safety. my family doesn't push to much with my brother because of his erratic behavior and they are afraid he will keep my nephew away from them. Can I file for custody of him? He doesn't like going to his moms because he doesn't really see her and then my brother is just not a great influence and I worry for his safety. Please help.....

If you think a child is being abused call the police or CPS.

You most likely won't get custody of your nephew especially with both parents in the picture. There's a low threshold for parenting in this country - and your brother would get a million chances to be a parent before they took the kid from him.

Your brother doesn't have to let you see his kid. That's just the way it goes. His mother should file something in court if there already isn't anything in writing about custody.

All you can do is call the cops and CPS really. You can ask a lawyer but as stated it would be a hard and probably long process.