How can I get custody of my niece and nephew. when it's my brother and he is doing wrong?

Question

my brother and his wife have been married for about 4 years and my niece and nephew are from another relationship which she has passed away. The kids have been back and forth between my house and my parents house and their house because my brother and his wife fight in front of them all the time and never use the money they get for the kids on the kids but everyone has always got my brother out of trouble by paying his rent or PGE or whatever else they didn't pay. But this has been going on since 2003 and I can't watch my niece and nephew go through this any longer. My brother receives SSI for my nephew and foodstamps for all of his kids and IHSS for my nephew. What can I do to get custody of them?????

Answer 1

I would talk to an attorney to see if it's even possible. Most attorneys will talk to you for a half hour for free and then ask for a retainer if you decide to hire them. That would be where I would start. I would also start documenting how much the kids are with you, etc. Start gathering your evidence if you really want custody of them.

Answer 2

Don't waste your money on a lawyer. As a social worker, I would suggest that you contact social services for children in your state and talk to them.

It is difficult to just 'get the kids' because the law says that there has to be specific abuse going on in order to have them apprehended.

But first, have you talked to your brother about having your niece and nephew on a more permanent basis? I don't think that it would be beneficial for the children to not see their father any more. But perhaps he could have visitation rights (if you went through the courts), or just a verbal or written agreement between the two of you that he could see the kids on the weekends, or every two weekends ect.

However, if you DO NOT go through the courts, you will not be entitled to the same government supports that he receives. So if you have the money to support the two kids on your own, then you could just have an agreement with your brother (that would be the easiest, fastest and cheapest way to work it).

When you call the child protection phone number, you will talk to an 'intake worker'. This person asks you for information and then decides whether it is a case that needs to be referred to a social worker. So before you call, I would take some time to write out what your concerns are so that you don't forget anything while on the phone.

Good luck! And feel free to send me an email if you want more info/support.

Answer 3

You will need to see a lawyer. He/she may advise you to report your brother to either Child Protective Services or maybe to Social Security (since he is not using the funds correctly). Once it has been determined that your brother is not a good father, you certainly would be the most eligible and the most obvious to take the kids. You may have them for quite a while before you get actual custody. It may be under a foster care type deal in your house for a while. But the delays really do not hurt anyone as the kids are getting older the longer the state delays; the kids are more capable of stating their preference for living arrangements in court to to the social worker.

Bless you and good luck.

Answer 4

Court. The parents will have to sign over tempory custody. You better make a move soon before the state steps in and take the children. I know a family that had issues so that was their way of allowing a family member temp custody. For the children sake someone needs to man up and take control for real.

Answer 5

If the children are abused or in danger, call the police or CPS now. For custody, call your lawyer. This is NOT something you can do without a lawyer.

Answer 6

You need to hire an attorney.