QUESTION
How do I go about getting her help against her will and possibly taking custody of my nephew?
Asked on Dec 23rd, 2012 on Child Custody - Colorado
More details to this question:
My sister has my 2-year old nephew. She has been to rehab three times and is only 21. They smoke pot in front of the child. My sister has been physically abused recently by her bf. There is alcohol constantly in reach of my nephew, fights break out nightly as there as holes in all walls, doors broken, mirrors shattered, etc. She is blackout drunk every night. Yesterday, I showed up at 11 in the morning to find her and her friends all passed out still with my nephew in the crib in a sopping wet diaper with no breakfast. (This was not the first time). Random people freely enter her house every day mostly intoxicated. I don't have a ton of money but have plenty to support a child between myself and my partner. She won full custody from the child’s father due to his drug issues but I am afraid his family would try to take my nephew if I called CPS.
10 ANSWERS
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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You should report the situation to CPS regardless to protect the child. You should petition the court for custody also
Answered on Dec 30th, 2012 at 9:19 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You can file a petition for temporary custody of a minor by extended family. You basically have to prove the same things that the state would have to prove to establish that the child is dependent.
Answered on Dec 30th, 2012 at 9:18 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Try to get her permission to take your nephew for a while. Then file for temporary and then permanent legal guardianship on an emergency basis. CPS will probably get involved anyway but your nephew needs protecting.
Answered on Dec 30th, 2012 at 9:18 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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First get her to let you care for the child under a voluntary power of attorney allowing you to care for the child and seek medical and professional help. Then, having that established and logged go to court for guardianship if she does not straighten out.
Answered on Dec 30th, 2012 at 9:17 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You need to file for temporary guardianship at once.
Answered on Dec 30th, 2012 at 9:16 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Your first priority must be the child's well-being. Call Child Protective Services; at the same time as your call, you can let them know you are family and you are willing and able to step in if necessary.
Answered on Dec 30th, 2012 at 9:16 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You can't make her do something against her will. I think you should contact Child Protective Services promptly, and without regard to what anyone else might do. The child urgently needs protection.
Answered on Dec 30th, 2012 at 9:02 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You must file a petition for guardianship immediately. Support your petition with the affidavits of other people who know the situation. If you cannot get the affidavits, then you should probably report the situation to the police and let Child Protective Services get involved. You can then volunteer to be the foster parent of the child. Presuming that the police take the child away, there will probably be a no-contact order entered preventing the parents from seeing the child. This will be a benefit to you if you become the foster parent.
Answered on Dec 30th, 2012 at 8:53 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your only option is to get CPS involved because you have no legal standing to directly petition a court for custody or guardianship.
Answered on Dec 30th, 2012 at 8:37 AM