QUESTION
How do I obtain custody for my niece and nephew and put my sister away in jail?
Asked on Aug 27th, 2012 on Child Custody - Colorado
More details to this question:
My sister is really an unfit parent. She really only likes her kids as a paycheck. She never really pays her bills, I mean she has had this apartment for like a year and never once has had gas turned on. She tells the kids a horrible thing about their father’s when she doesn't receive child support from them. She cut my nieces dad out of her life for 7 years just because he left her for another woman; and she has been doing the same thing to my nephew for the past 3 years. She makes twice as much as me and would rather take her girlfriend and their kids out to dinner than buy school supplies for my niece and nephew. She will bring my niece and nephew over to my house with them not having a bath in days and their hair not done in a month. One time it took 4 hours to get the braids out of my niece's hair because my sister would not take them out for 2 months. She has had children services called on her ever sense she has had them and just wiggles her way out it. I have seen her drive with open containers in the car with the kids. I know one time she left my house and she went to go and buy coke for her girlfriend with the kids in the car. I know I can take care of them much better even though I have a lot of responsibilities myself but they need a better home. and I don't want to just take them because even though me and my sister are not that close I still don't want to burn what little ties we have. I just do not know how to catch her in the act when I know that they are being neglected. I mean my nephew has needed glasses for over 2 years now and he can now only see clear a foot in front of his face. I had to give him a pair of my glasses so that he can see. Her excuse is "I have a lot of bills to pay." I have had them all summer and I just don't want to give them back to that bad situation. I really want to take custody but I do not want to implicate myself to the point where she knows that this has been a plan for a while. I just really need help.
6 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You need to hire an experienced custody lawyer to prove your sister is unfit.
Answered on Sep 07th, 2012 at 2:26 PM
Leonard A. Kaanta
Unless her parental rights are terminated for neglect, there is no way to obtain custody.
Answered on Aug 29th, 2012 at 2:26 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You might consider seeking guardianship of the children. Check with the court facilitator's office at the court to find when a guardianship clinic is being offered. They will explain what guardianship is and how to file a petition. With a guardianship your sister's parental rights are not terminated but you will have custody and the power to make all the decisions regarding the children's health, safety and welfare if the court appoints you guardian.
Answered on Aug 28th, 2012 at 11:10 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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There is no way to get custody without implicating yourself. You would have to file a petition for temporary and permanent guardianship and lay out all of the details. Only CPS could act without implicating you.
Answered on Aug 27th, 2012 at 6:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need to take this to Court seeking custody. This is going to be nasty and expensive. How old are the children involved?
Answered on Aug 27th, 2012 at 4:04 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to arrange to consult an attorney face to face about your options. Generally, in Colorado as a non-parent you have no standing to seek custody of someone else's children until they have been in your primary care for more than 6 months. Once you satisfy that requirement, you will have to petition the district court in the county where you and the children reside and seek an allocation of parental responsibilities. The court will make a decision based on the best interests of the children, but must give careful consideration to the constitutional rights of parents. In the alternative, since you seem to believe the children are abused and neglected you may contact the Child Protection division of the Department of Human Services who can investigate and determine whether the children should be removed.
Answered on Aug 27th, 2012 at 1:11 PM