My Children Are Being Neglected by My Ex's Babysitter

My question involves child abuse or neglect in the State of: Nevada/California
I am the custodial mother and live in California. My 5 and 7 year old currently are with their father due to an abusive marriage that I got out of last year in July. The kids were supposed to be brought back home to CA in Aug for school. Because my court was not settled he refused to bring them home. They are in the care of their aunt (his sister) when he is at work all weekend and afternoons until after they are in bed. I have continuously caught her sleeping prior to putting my children to bed while on the phone or Skype with them (between 7-8 pm) my children are left to do for themselves because she takes pills and abuses them. When she gets mad at me for being "caught" she takes it out on my children by changing their bed time, taking away snacks, yells and takes their things. My 7 year old is constantly taking care of his younger sister(running her baths, getting her food, picking out her jammies and telling her when to get in them). I have witnessed this on video and heard it on the phone. Their aunt also bad mouths me in front of and to my children, talks to them like they are dirt. She recently said she was recording mine and my children's conversations. She refuses to answer the phone(just recently) after 7pm. Their bed time is at 8 but she is usually asleep prior to that without putting them to bed. She has taken the phone from my children while on the phone with me just to hang up and then not answer when I call back. Legally what can I do to stop what is happening down there and bring my babies home? (their father has visitation for 1 week of winter break, spring break when agreed on and feesable, and either the first half or the second half of summer break. We share legal custody)

What do the court orders say with regard to custody and visitation? If there is no court order for custody, then the first thing you need to do is go to court on that issue. The problem may be one of jurisdiction. If you are in CA and they are in NV, you may have a problem if dad decides to file in NV when you file in CA.

My suggestion would be that you speak with a Family Law attorney ASAP.

If you fear for their safety, report to child protective services in their location.

The orders are in the state of CA. He can not file in Nevada. The orders state that I am the custodial parent and he has visitation for winter break and summer break but are to reside with me during the school year. Their sitter is their aunt who they live with. And now she is wishing I lose my unborn baby and threatening that if the cops aren't present when I get my children she can't hold her composure to keep her hands to herself.

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Quoting SchimpfB

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My question involves child abuse or neglect in the State of: Nevada/California
I am the custodial mother and live in California. My 5 and 7 year old currently are with their father due to an abusive marriage that I got out of last year in July. The kids were supposed to be brought back home to CA in Aug for school. Because my court was not settled he refused to bring them home. They are in the care of their aunt (his sister) when he is at work all weekend and afternoons until after they are in bed. I have continuously caught her sleeping prior to putting my children to bed while on the phone or Skype with them (between 7-8 pm) my children are left to do for themselves because she takes pills and abuses them. When she gets mad at me for being "caught" she takes it out on my children by changing their bed time, taking away snacks, yells and takes their things. My 7 year old is constantly taking care of his younger sister(running her baths, getting her food, picking out her jammies and telling her when to get in them). I have witnessed this on video and heard it on the phone. Their aunt also bad mouths me in front of and to my children, talks to them like they are dirt. She recently said she was recording mine and my children's conversations. She refuses to answer the phone(just recently) after 7pm. Their bed time is at 8 but she is usually asleep prior to that without putting them to bed. She has taken the phone from my children while on the phone with me just to hang up and then not answer when I call back. Legally what can I do to stop what is happening down there and bring my babies home? (their father has visitation for 1 week of winter break, spring break when agreed on and feesable, and either the first half or the second half of summer break. We share legal custody)

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Explain the meaning of the bolded. What court? Why have you left your children there since last August? Why didn't you go get them then?

I am a victim of domestic violence. My ex was taking the case to trial to fight it. That's what I mean by my court. My children's father refused them to come home because my domestic violence case had not been settled. It is now and my ex is in jail. This is why they have been in Nevada for that long.

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Quoting SchimpfB

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I am a victim of domestic violence. My ex was taking the case to trial to fight it. That's what I mean by my court. My children's father refused them to come home because my domestic violence case had not been settled. It is now and my ex is in jail. This is why they have been in Nevada for that long.

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So what does the court order that is now settled state?

That I am the custodial parent with their father getting half the summer and half the winter break in Nevada. Our custody has not changed because of my domestic violence case.

The children have been in Nevada long enough for the father to seek to move jurisdiction to Nevada. As well he has had the children with him in excess of 6 months.


If the father wishes to challenge the existing order.....well, you need an attorney.

I can't afford the extra fees to have a lawyer right now. And he has recently served me with papers and I have to appear in court on the 18th in Nevada.. All of this has caused me to lose my unborn baby. I don't know what I can do to stop this. 75+% of his statment to the court's is false. He didn't even submit the right custody order to the court and he is lying in the paperwork.