He is my nephew and he lives with me. I take care of him and make sure that he has everything that he needs and wants. My brother is a drug addict and he does not take care of any of his kids. My nephew was adopted by my brother and his ex wife and neither of them seem to care about him. I have been taking care of him all his life. I want to adopt him and he does not want to ever leave me because for once in his life he has a stable home. He is only five years old and has been through more than any child should have to go through.
2007-01-23 06:11:16 · 10 answers · asked by Pamela P 2 in Family & Relationships ➔ Marriage & Divorce
Try to get a good family law attorney.If you can't afford one see if your city has a legal aid department.You can also go to your local department of children and families and file a complaint against you brother and his wife.They should be able to help you get at least a temp order of protection.Which would allow you to obtain legal temp custody of him.I went through the same thing with my sister and my niece.I couldn't afford an attorney so I got dirt on my sister.(Get proof of your brother and his wife using drugs and acting like unfit parents).I forced my sister to sign over custody of my niece or face criminal charges for the abuse my niece had suffered.After I got my sister to sigh the paperwork I went to DCF and they helped me get an order of protection to keep my sister and her boyfriend from being able to go near my niece.I know you might now want to play that dirty with your brother.But if you are seriously willing to care for this child and raise him.You will have to do whatever it takes to keep that baby safe.You also could check into one of those legal clinics that the paralegals run.They are cheaper than lawyers.And make sure you keep records and receipts for everything that you do or buy for you nephew.It will help you establish a recorded history of being his caretaker and provider.
2007-01-23 08:10:27 · answer #1 · answered by Anonymous · 0⤊ 0⤋
There are steps to take to make your custody of him legal. Consider contacting a well respected family law attorney in your county. If you are unable to pay an attorney, you can still file a custody petition on your own or with the assistance of legal aid.
A good attorney can assist you in filing a custody petition, siting the fact that his "parents" have abandoned him and placed him in your care and are unfit parents due to drug use.
After custody has been established you can then petition the court to remove their parental rights. This will make him adoptable and you can proceed from there.
If you are unable to hire an attorney, call your local legal aid or your local family court to ask them how you should proceed. Often you can pick up the petitions right at the Family Court office and apply for court appointed assistance right there.
Best of luck!
2007-01-23 07:14:34 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Thats so sad. I just want to say good for you.
I really admire that you've taken him in and given him a stable home. I would talk to a lawyer. You can probably take it to court. And since you brother is a drug addict then you'd win custody. My mother lost custody of my younger sisters, she is a drug addict as well. She just failed to show up for family court and she had many chances. By not showing up my little sisters' father won custody.
2007-01-23 06:20:03 · answer #3 · answered by Anonymous · 1⤊ 0⤋
yes i agree take the parents to court and fight for custody or adopt him since your brother is a drug addict then it should not be hard . Take any proof you have of this though they will not take your word for it . What about the mother is she any better if not then you should not have any problems . If the mother is decent you dont stand a chance especially in fla . My brother does not take care of any of his kids either but because the mother is half way decent they will not give the kids to my mom she tried several time to get them cause their mom leaves for weeks at a time and my mom gets them . But they will not give them to her legally because the mom is out of town working suposidly. good luck .
2007-01-23 06:41:04 · answer #4 · answered by Kate T. 7 · 1⤊ 0⤋
you want your cake and eat it too! Sorry , although the regulation has too step in. Take that letter to a criminal professional and it must be kept exceedingly quiet. although the regulation says you want to get criminal guardianship. My 2 grandchildren were wards of the state and to make certain that them too stay in my homestead , with say so on their up bringing I had to have non everlasting guardianship. My one granddaughter become 14 at the same time as she got here to stay with me and stayed till she become 18. exertions, with a overlooked toddler. Custody , is yet another count number. bypass for guardianship, good success!
2016-10-16 00:04:29 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Get an attorney and take them to court to remove parental rights.
2007-01-23 06:17:56 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If you contact Child Protective Services, they may move him away from you. It's best if you can work it out within your family. It might be good to talk to an attorney.
2007-01-23 06:19:18 · answer #7 · answered by Faith 4 · 1⤊ 0⤋
See an attorney... he is too young to "divorce" his parents, but state child welfare may be able to help out... Good luck, hon
2007-01-23 06:20:28 · answer #8 · answered by April 6 · 1⤊ 0⤋
You would need to petition the court ....
2007-01-23 06:19:33 · answer #9 · answered by Anonymous · 1⤊ 0⤋
petition the court.
2007-01-23 06:18:23 · answer #10 · answered by nwnativeprincess 6 · 1⤊ 0⤋