How to Get Custody of Children When CPS Finds No Grounds for Removal
My question involves child abuse or neglect in the State of: Ohio.
My sister has never been a very good mother, and we have called CPS on her several times. I need help in figuring out what I can do about this. She is constantly screaming at her older daughter. Her extremely abusive boyfriend is also always screaming at her, and at their youngest. They are seven and two. They have never known a life outside of being screamed at unless they were with me. My sister has exposed them to child molesters, and refuses to admit to this fact. I know she has, because I've seen her leave her two children with a man who molested me as a child, but she will not listen to me. I have heard stories of her slapping her oldest daughter around, and I watched her feed her youngest daughter out of filthy bottles. I once photographed one of the bottles she was using before I washed it. I watched her pick the bottle up off the floor, tell me "Oh, formula doesn't spoil!" and refill this formula-encrusted bottle and feed her six-week-old daughter. I called CPS, but they checked her out and said there was nothing they can do. I am not the only one who has called CPS on her.
However, that's all in the past. What's not in the past is she is with an extremely abusive man, and she has been with him for four years. He yells at both of her daughters, and they get to watch their mommy get beaten up constantly. She leaves them with him, lets him hold into their social security cards, birth certificates, her food card (she's on government assistance for food and housing due to medical disabilities,) and her card onto which her child support is loaded. Her child support never goes to her daughter. It goes to buying cigarettes. She is drunk almost every night, leaving these two kids with a CONVICTED murderer. He was in prison for twelve years for manslaughter, yet she leaves him with her two very young daughters.
I have a steady job, a steady income, though I am getting things in order from a recent breakup myself and have a son, I know I can take care of these children so much better. A lot of their clothes and toys were bought by me. My seven-year-old niece? I just threw her her first birthday party. She'd never had one before, and I'd always lived too far away to do anything about it. Once I got a good paying job, I bribed my sister with cigarettes (she wouldn't come up for her own daughter's birthday party) and threw her the biggest party ever. I put a lot of work into it. My sister wanted me to buy her little sister more toys that I bought her oldest daughter. Her youngest is clearly favoritised over her oldest.
She makes her oldest daughter basically take care of her youngest. Her youngest has been feeding, bathing, teaching, playing, and changing her little sister since she's been born. This seven year old little girl has been a mommy since she was five, and it's not her responsibility! If anyone intervenes to help the oldest daughter, or says anything, my sister gets in their faces, screaming about how she's going to take them both away and we'll never see them again.
I need to know what I can do, if anything, to get these children into my name. She says that she wants to sign parental rights completely over to the convicted murderer and his family when she's dead or unable to care for them. What can I do to get these children placed into my care immediately, before one of them gets seriously hurt? He's already thrown drawers at the youngest daughter! Please help!!
Re: How to Get Custody of Children When CPS Finds No Grounds for Removal
If you want custody of somebody else's kids, you have few (and perhaps no) options beyond asking them if they'll let you take care of the children.
Where's the father?
Re: How to Get Custody of Children When CPS Finds No Grounds for Removal
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SEM21
My sister has exposed them to child molesters, and refuses to admit to this fact. I know she has, because I've seen her leave her two children with a man who molested me as a child, but she will not listen to me.
Unless he was convicted of a sex crime against a child, neither will the court. How long ago did you report the molestation to authorities and participate in a criminal case against him? What was the outcome of that criminal case?
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I have heard stories of her slapping her oldest daughter around
Hearsay won't get you anywhere. The people telling these stories, who actually WITNESSED all of this slapping around, called the police about it when? How long ago? How many times? If the 7 year old is the one saying she's being slapped around, did she convey this to CPS when they talked with her?
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and I watched her feed her youngest daughter out of filthy bottles. I once photographed one of the bottles she was using before I washed it. I watched her pick the bottle up off the floor, tell me "Oh, formula doesn't spoil!" and refill this formula-encrusted bottle and feed her six-week-old daughter. I called CPS, but they checked her out and said there was nothing they can do. I am not the only one who has called CPS on her.
Sadly, unless CPS sees violations or endangerments themselves, they are often unable to act. I understand how disguesting nasty formula can be, however, the child appears to have ingested the formula with no ill effects.
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they get to watch their mommy get beaten up constantly
And mommy has never called police? Neighbors have never called police? She's never sought medical care after being beaten up? Has anyone discussed with the 7 year old how 911 works? (I've taken quite a few 911 calls from children as young as 4 or 5 who knew how to get help for their mommies when bad things were happening - from domestic violence to medical issues.)
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She leaves them with him, lets him hold into their social security cards, birth certificates, her food card (she's on government assistance for food and housing due to medical disabilities,) and her card onto which her child support is loaded.
Perfectly acceptable. I don't know of a single 2 or 7 year old who holds on to their own SS cards or birth certificates.
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Her child support never goes to her daughter.
Child support doesn't "go" to children.
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It goes to buying cigarettes.
That's not how the court sees it. If the children have a roof over their heads and food in their bellys, that's where the child support is going. There's no point in going down that road, because the court won't consider it. And she can't buy cigarettes with her welfare card.
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She is drunk almost every night,
In and of itself, not an issue. Getting drunk every night is perfectly legal. Especially if there is another adult around to help keep an eye on the kids. If one of the kids gets injured or is found wandering the streets because mom was passed out drunk, THEN there's an issue. But courts and CPS don't work on "what ifs" or things that "might" happen, only on what ACTUALLY happens. Unless something actually HAPPENS regarding the children, as a RESULT of mom being drunk, it's not an actionable issue.
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leaving these two kids with a CONVICTED murderer. He was in prison for twelve years for manslaughter, yet she leaves him with her two very young daughters.
You understand that there is a difference between murder and manslaughter, right? Unless that manslaughter has some specific nuance that included a child as a victim, or he's got some OTHER conviction having to do with children, his prison time was served and the matter is closed. Even persons convicted of manslaughter can be around children, supervise children, even get custody of their own children.
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I have a steady job, a steady income, though I am getting things in order from a recent breakup myself and have a son, I know I can take care of these children so much better.
But it's not a contest. The children HAVE a mother - and apparantly a living father too, since it sounds like mom is getting child support. Maybe mom doesn't meet your standards, but yours are not the standards she needs to meet. The LEGAL standard for acceptable parenting is so low you could trip over it. An acceptable parent only needs to provide shelter, weather appropriate clothing, and food. They must also not abuse or neglect the children. So far, CPS's observations seem to indicate that the children have the minimums and no substantiated evidence of abuse or neglect. 90% of what you've mentioned is not relevant in a child custody, guardianship, or endangerment scenario, and there appears to be little or no evidence of the other 10% that COULD make a difference. After some answers to questions above, we may be able to provide more insight or suggestion, but so far, there is nothing that indicates that these children are going to be considered for any intervention, much less the ultimate intervention of removal.
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A lot of their clothes and toys were bought by me. My seven-year-old niece? I just threw her her first birthday party. She'd never had one before, and I'd always lived too far away to do anything about it. Once I got a good paying job, I bribed my sister with cigarettes (she wouldn't come up for her own daughter's birthday party) and threw her the biggest party ever. I put a lot of work into it. My sister wanted me to buy her little sister more toys that I bought her oldest daughter. Her youngest is clearly favoritised over her oldest.
None of which has any bearing on anything. Again, these children are not the "prize" at a parenting contest, no matter how much better you are at it than mom. Until and unless CPS finds some actual reason grievous enough to remove the children, they remain with mom.
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She makes her oldest daughter basically take care of her youngest.
Happens in families all over the world, every day. No problem there.
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Her youngest has been feeding, bathing, teaching, playing, and changing her little sister since she's been born. This seven year old little girl has been a mommy since she was five, and it's not her responsibility! If anyone intervenes to help the oldest daughter, or says anything, my sister gets in their faces, screaming about how she's going to take them both away and we'll never see them again.
Then I suggest you back off, because you've got no ammunition here. If mom wanted to, she has the absolute legal right and ability to keep you away from her children until they are 18.
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I need to know what I can do, if anything, to get these children into my name.
It doesn't work that way. If CPS has investigated and found no issue, that's the end of it. Should CPS ever find something in the future that goes to the extreme of the children being removed and placed for temporary care, foster care, or potential adoption, you can certainly let them know that you are a family member willing to take them in, but you have no avenue by which to take these children from their mother and put them under your care. If you DO ever plan on becoming a temp/foster or adoptive parent, be sure to get yourself certified/qualified IN ADVANCE (every state has different requirements, things like taking a CPR class, parenting classes, etc. - use Google and search for "foster requirements" in your state).
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She says that she wants to sign parental rights completely over to the convicted murderer and his family when she's dead or unable to care for them.
It doesn't work that way. Children can't be "willed". She can certainly make it known that he's her preference, but only a JUDGE will get to decide guardianship of the children upon mom's demise or inability. Judges tend to prefer family members.
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What can I do to get these children placed into my care immediately, before one of them gets seriously hurt?
Nothing. All you can do is report what you WITNESS. And encourage others to report what THEY witness. It's up to CPS and the courts to intervene - which won't happen if they don't actually OBSERVE abuse or neglect, evidence of abuse (ie marks, bruises) or neglect (no food in the home, no running water or flushing toilets, rats and/or roaches everywhere, substantially underweight for their ages, etc.) OR if anyone who has actually SEEN abuse first hand makes a criminal report - preferably within an IMMEDIATE timeframe relative to the event.