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Can You Get Custody of a Younger Sibling by Alleging Neglect

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  • 02-18-2015, 06:17 PM
    Dominique Dell
    Can You Get Custody of a Younger Sibling by Alleging Neglect
    My question involves a child custody case from the State of: Pennsylvania (her location) North Dakota (my location). So basically I want to know If you think I have a case, and if I could possibly win without CPS taking her away. My sister is 7 years old. She lives with my mother and my mothers current boyfriend. Her father is in jail. I'll start from the beginning so this may be long. Growing up I was raised by my mom for three years, her dad until I was 10, and then her mom until I graduated highschool. My sister who is 16 was born addicted to heroine. My mother left her at the hospital and my grandma ended up raising her, is still raising her. My mother was out of the picture; prostituting, doing drugs, drinking, living in motels, ect. Up until she got pregnant with my sister 9 years ago. She came home got clean all by herself. She started to take care of herself and was back in our lives. A while after she had the baby my grandma gave her a trailer, fully furnished and paid for everything she could for the baby. And we all moved out. My mom would never drink or even take cold medication afraid that it would trigger her. Last year my mom started schooling, 5 months ago my mom Finally got a license, and her father helped her get a car. All that time she didnt have a job and still doesn't. I live with my husband 1200 miles away from them. I have a full time stable job, he is in the military. We live on base, we have two vehicles. We have a loving happy marriage and a stable life. In November I noticed while visiting that things were off. My moms second baby daddy came back in to her life. She moved him in. She is still married legally. She started leaving my 16 yr old sister and her 16 yr old boyfriend with the 7 yr old. Alone for at first a few hours, then a night, finally an entire weekend alone! Then I find out my moms boyfriend is smoking pot. Around the kids, in the house, in the car. They are drinking excessively! From morning to night. She starts not behind able to make it home to get the baby off the bus from school. Not waking up in time to get her to school. Starts sleeping in until noon.. 2pm.. 5pm. Pawns her off on my grandma. Buys the 16 yr olds cigarettes so they will babysit. Now she has started leaving her with my aunt ( a drug addict) and my grandfather (a child molester). Again a few hours turned in to days which turned in to weeks. When she would pick her up it would be 1-2am on a school night. And she would take her on a drug run to the city! When they are home they barricade themselves in a bedroom Way from my sister and ignore her. I got a call and a text from my sister saying that "mom strangled me, and mom threw a chair at me". While i Know there's pot in the house I can gaurentee there are more drugs. I just have no hard proof other than my aunt finding prescription bottles with my uncles name on them, clear plastic baggies which she seems to think they were used for drugs, and blunt wrappers. Which are her exact words. My mom already lives off of the system but she can't afford her regular bills let alone this 2014 car! She's gotten final notices for almost everything. I think I mentioned almost everything So with that being said what do you think I should do from here?
  • 02-18-2015, 06:54 PM
    BooRennie
    Re: Fighting for Custody of My Sister
    If you suspect children are being neglected/abused, then why are you not contacting the proper authorities? Unless Mom (and Dad) are willing to let the children come stay with you, it's not happening.
  • 02-18-2015, 08:43 PM
    Dominique Dell
    Re: Fighting for Custody of My Sister
    Why would I contact someone when I am unable to be there? I refuse to let her go in to the system. I need to figure out the correct steps to take and people to contact first. Rather than jumping in head first and blind as to all of the consequences or necessary steps. Plus if I have no chance of getting her I'm not going to go contact someone and her get taken away. She could end up in an even worse situation!
  • 02-18-2015, 08:59 PM
    BooRennie
    Re: Fighting for Custody of My Sister
    You have NO STANDING to file for custody. What you think is 'unfit' and what the State thinks is 'unfit' are two different things. If these children are being abused/neglected and you know about it and do not contact the proper authorities, then you are as unfit as the person doing the abuse/neglect.
  • 02-18-2015, 09:35 PM
    Dominique Dell
    Re: Fighting for Custody of My Sister
    If I have no standing to file which is exactly what I need to know. She's she's better off with her mother than with strangers in the system. If she's not unfit enough for me to have her. Then she's not unfit enough to authorities to be notified.
  • 02-18-2015, 10:42 PM
    Dogmatique
    Re: Fighting for Custody of My Sister
    Quote:

    Why would I contact someone when I am unable to be there? I refuse to let her go in to the system. I need to figure out the correct steps to take and people to contact first. Rather than jumping in head first and blind as to all of the consequences or necessary steps. Plus if I have no chance of getting her I'm not going to go contact someone and her get taken away. She could end up in an even worse situation!

    So you'd rather see her suffer.

    That's hardly loving and sisterly, is it?

    No. No it's not.
  • 02-19-2015, 11:35 AM
    Dominique Dell
    Re: Fighting for Custody of My Sister
    How do I know if she wolnt suffer WORSE if she's in the system with foster parents? I'm not taking that chance.

    - - - Updated - - -

    Jumping the gun without thinking would be a hardly loving sister! I'm trying to come up with the very best option! This forum is absolutely no help, you all offer no suggestions or advice only criticize.
  • 02-19-2015, 12:00 PM
    cbg
    Re: Fighting for Custody of My Sister
    You're first of all assuming that the only possible other answer would be foster care, and secondly that all foster care homes are abusive. Neither of which is true.
  • 02-19-2015, 12:44 PM
    Dominique Dell
    Re: Fighting for Custody of My Sister
    Considering no other family could take her. What other option is there? No not all foster families are bad BUT not all of them are good and it's. Huge gamble of which one she would get if potentially she ended up there.
  • 02-19-2015, 01:26 PM
    Dogmatique
    Re: Fighting for Custody of My Sister
    Quote:

    Quoting Dominique Dell
    View Post
    How do I know if she wolnt suffer WORSE if she's in the system with foster parents? I'm not taking that chance.

    - - - Updated - - -

    Jumping the gun without thinking would be a hardly loving sister! I'm trying to come up with the very best option! This forum is absolutely no help, you all offer no suggestions or advice only criticize.

    No hon, you're just not getting the answers you want. Big difference.

    Let's break it down though, okay?

    You are trying to grab custody of younger children who not only live in a different state, but are not classified at high risk. Do you understand?

    Then we go onto what a responsible adult would do. The adult would contact whoever the heck she could to make sure someone in authority was doing something about it. The adult would also recognize that she does not have any ground at all to do anything other than contact the authorities.

    An adult would not, however, put their own needs before those of such innocent children.

    I get that you want to step in. I really do. But you're not willing to listen.
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