QUESTION
Is it possible for me to get custody of my brother’s son and daughter?
Asked on Dec 25th, 2012 on Child Custody - Colorado
More details to this question:
Their mom is currently bringing different partners to their house and having loud intercourse hence the fact that my nephew are in the room and my niece in the room across, which are both able to hear everything, for an 8 and a 16 year old it can be very traumatic.
9 ANSWERS
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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How are you going to prove that with admissible evidence?
Answered on Jul 07th, 2013 at 10:04 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Where is your brother? Have you contacted Child Protective Services?
Answered on Jul 07th, 2013 at 10:04 PM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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These facts do not seem to meet the requirements for a change of custody.
Answered on Jan 03rd, 2013 at 2:27 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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No experienced lawyer is going to give you an absolute answer to any child custody question - there are too many variables. You will need to prove that both parents are unfit in order to ask for custody of the children or make an agreement with your brother to assist him in asking for primary custody.
Answered on Jan 03rd, 2013 at 1:14 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can try, but that may not be enough to take custody away. Add in neglect, abuse, danger from the different partners and then you might have a case. I suggest you contact an attorney and let her or him ask you all of the necessary questions to help you decide if there is a good chance of you being named guardians of your niece and nephew. Of course, if the dad is still around, he really has the best ability to take custody away from mom.
Answered on Jan 03rd, 2013 at 1:04 PM
The mother and, presumably, your brother have legal custody to the children. You need to know if the children are legitimated - thereby giving your brother legal right to the children. Absent that, you need to file to have the children legitimated and your brother could file for sole custody, etc.
Answered on Jan 03rd, 2013 at 1:03 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It is very difficult. You would have to show that neither parent, nor any grandparent, is capable of exercising custody in the children's best interests. And you probably do not have legal 'standing' to bring such an action. You could notify your county's child protective services agency.
Answered on Jan 03rd, 2013 at 12:12 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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It is possible for a third party to take custody away from a parent; however, the third party must make a showing that the parent is a danger to the child. In the case you describe, it seems like the father should be the one to step up to the plate.
Answered on Jan 03rd, 2013 at 11:52 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Not likely, because as a non-parent you do not have "standing" to even ask a court to award you parental responsibilities unless you have been the children's exclusive and primary caretaker for six months before filing a petition with the court. It appears that dealing with the mother's conduct should be your brother's responsibility unless you believe there is sufficient evidence of abuse and neglect to involve the child protective services agency.
Answered on Jan 03rd, 2013 at 11:51 AM