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unstable parents..aunt or grandparent get custody of kids?

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A

aljms7

Guest
What is the name of your state? PA
My 2 niece's parents are both currently unstable and the family considers the children to be in unstable environment as well. We would like to file for custody of the children (ages 1 and 4) but do not know how to go about this. What do the courts look for, or "how bad do the parents have to be" for us to win or get custody? Do we need a lawyer, or do we start filing paper work first? What if we cannot afford a lawyer? Is a Kinship program better for the children? Any information will be of great help. Thanks, Amy
 


I AM ALWAYS LIABLE

Senior Member
aljms7 said:
What is the name of your state? PA
My 2 niece's parents are both currently unstable and the family considers the children to be in unstable environment as well. We would like to file for custody of the children (ages 1 and 4) but do not know how to go about this. What do the courts look for, or "how bad do the parents have to be" for us to win or get custody? Do we need a lawyer, or do we start filing paper work first? What if we cannot afford a lawyer? Is a Kinship program better for the children? Any information will be of great help. Thanks, Amy

My response:

You said - -

"My 2 niece's parents are both currently unstable and the family considers the children to be in unstable environment as well."

Please define this statement with complete, total, specificity.

IAAL
 
A

aljms7

Guest
"Unstable"

By saying they are unstable...there is a lot to say about the reasons of an unstable family but the main concern that it has escalated to as of now....the father is a heroin addict, who checked himself into a rehab hospital; the mother is gone for days at a time with the kids and her new boyfriend, staying in hotel rooms and im quite sure using different drugs. The children have become neglected, they barely go home, or eat well. The mother stayed at our house for a while and would come home drunk everynight, so she slept with a hangover every day and ignored the needs of her children. She will keep them out until 4 in morning, and god only knows what they see. She has become very quick tempered with them and end up scaring them by the way she yells. Hope this helps somewhat.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Then, if things are that bad, call "Child Protective Services" (CPS) in your county. They will yank those kids out of that environment and properly place them, until Mom can get her "act" together.

IAAL
 
A

aljms7

Guest
child services

thanks for writing back but that is what I want to avoid. The kids dont need to be placed in a strangers home when I (their aunt) and my fiance, as well as their grandparents (they arent elderly grandparents-mid 40's) have a loving and stable home for them to stay at for a while. We are close to them and they love staying at our homes. I know that if we called social services, the kids wouldnt be placed with us because thats just how social services is. That is why I would like to know if there is anything else we can do to ensure that we get the kids for the time. I heard of a Kinship-but im not sure of any details and who to call for them. I guess its when the kids are placed in your care (a caring family members home) but its treated as foster care. Then, there is a custody that you could try to get which is for non-biological parents and they said that they award anyone with interest in the child such as aunts, uncles, even godparents. As long as you can provide evidence as to why the children would be better off in your home than the parents home. I really dont know how to go about that one though and I dont know who to call either. I do agree that both the parents need help, at least the father is going to make a try for it. However, the mother doesnt see anything wrong with the way she is living and the way she is acting. We have all tried many times, for many years to change her wild ways but nothing will get through to her. Her answer for everything is that "Im 26 yrs old" which she thinks automatically makes her independant and free to do what she wants to do. She very rarely puts her children first.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Then, with your slowness in acting, and your excuses, I can only surmise that the children are not in immediate need of assistance or protection.

If you think they are, then you take action to protect them, and stop dicking around with this "stranger" crap. First, you get the children protected, then you deal with the court to gain custody.

But, if they're really in immediate danger, then you deal with the danger immediately. While they're in foster care, you'll have visitation.

This is not rocket science.

IAAL
 
A

aljms7

Guest
Look, If I wanted to talk directly to a dense person, I would have called you if I had your number....you dont have any useful information for anyone on this post but your own thoughts, misconceptions and opinions on what others are to do. You are the kind of person that will screw up childrens lives just to eliminate a problem or overreact. THEY ARE NOT IN ANY DANGER. If they were, they wouldnt be living there. Cant you tell that we are trying to think of the best scenario here...let me rip you out of your parents home at 2 or 4yrs old, not understanding why, and put you with strangers instead of your relatives. That is the most absent minded thing going on today....IT DOESNT HELP the child if they dont understand the situation to put them with a stranger. THEY ARE NOT IN DANGER. The father is not an abusive drunk, he is on drugs, he sleeps all the time, he is never there, and he is in rehab away from the home. The mother just chooses partying over being very repsonsible, I DO find a problem with this but they have never been in harms way. There are too many of us looking out for them. This is why I am inquiring about how to get custody of them. We just found out that he is on drugs and the mother and him are seperated anyway but we still think they should have it better in life..I guess we are those kind of people that have the standards and morals of the old days still....unlike other families today. I hope to God that you are Not a counseler of any type...I hope someday you will have the chance to experience what its like to have to make a decision - A WISE decision, about the future of the children. DONT assume everyones case is Deadly....DONT go by the book and throw every child around....thats how children are lead to being even more confused and more likely to become just like everyone else in this world. Maybe if you had dealt with other families that actually gave a crap, you would have some type of knowledge, understanding and CARING about the family and more, the children. I have higher standards for myself and my loved ones in this world than you can imagine so please put away what you think you know and go out there and get some real experience. You cant just say to a drunk or addict "Hey Dickhead, Just Stop" Thats your method??? Just do this and just do that??? Not professional, No Common Sense, No experience in the Real World, No heart, No mind. These types of cases, and most other cases, are 90% mental- without changing your thoughts and ways you think, You cannot change the way you live and the decisions you make. And this is not cured by just doing something one day or just telling someone something one time. I understand your interest in the childrens safety, but you should have listened to what I was saying and asking about and not assume. I wish I could tell you more details about the situation so you wouldnt be so blind about it, but you would most likely not understand anyway. PS NO, this isnt just another person getting defensive because they dont want to admit or face the problem and facts of the situation. Lawyers are so quick to tell others what to do without listening to their situation first. Rolling them out as fast as they can to get to the next case. Hope this is working for you because Im sure its not working as easily for your clients.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Okay, have it your way.

But, you're the one who said - -

"the father is a heroin addict, who checked himself into a rehab hospital; the mother is gone for days at a time with the kids and her new boyfriend, staying in hotel rooms and im quite sure using different drugs. The children have become neglected, they barely go home, or eat well. The mother stayed at our house for a while and would come home drunk everynight, so she slept with a hangover every day and ignored the needs of her children. She will keep them out until 4 in morning, and god only knows what they see."


And, now you're saying - -

"THEY ARE NOT IN ANY DANGER."


I guess that you and I have different definitions of "danger."

Good luck to you and the kids.

IAAL
 

LegalBeagle

Senior Member
aljms7 said:
THEY ARE NOT IN DANGER. The father is not an abusive drunk, he is on drugs,
I guess that is ok then... let's hope for the children's sake that you have nothing to do with their eventual relocation.
 
A

aljms7

Guest
to all:
I guess you werent paying attention when I first mentioned how the children are not in danger, this is because they stay at their grandparents house most of the time. All I wanted to know from you is HOW to file custody. All you wanted to know was How bad things are and point fingers and blame people and not give them credit. You seem to be missing the fact that I DONT WANT THE CHILDREN IN THEIR PARENTS CUSTODY!! I DONT WANT THE CHILDREN IN FOSTER CARE...this is WHY I asked about a KINSHIP FOSTER CARE AND HOW IT WORKED...I didnt get any answer, all you people are good for is to say to call Social Services asap and who gives a crap what happens to the kids thereon. How can you be so absent minded? All I wanted was some information, not a damn lecture that means nothing. I thought this post wasnt meant to be rude and horribly judgmental. Just remember that I am the one that wants it better for them and I just found out about everything. ALL I WANTED WAS THE BEST OPTION!! I never said that they should stay with the parents and this is what you think I meant I guess???? If you really cared about these kids, you would help them to be with the people that care, me and my family, by giving the advice needed, Not your opinion on how wrong I am, YOU just wasted 2 more days of their lives by not giving me any advice to act upon, THANKS! Maybe you should have been put in Foster Care because obviously you were raised half assed. DONT speak to me in a manner where you think you know me and think Im no good. Im smarter in the fact that Im trying to think of the childrens best interest as well as the best Legal way to KEEP them until the mother cleans up her act. At least I have the ability to think beyond means of what you believe may be the right option for everyones situation. Maybe you have seen too many loser families that dont give a **** but you better open your ears and your eyes because I am not one of those people. I asked you a simple question in the beginning, which is better to try for , Custody or Foster Care, and why and how do you file for Custody? You couldnt answer me, all you could do is criticize....guess thats why this is called FREEadvice, you get what you pay for, if you know what I mean. If I want to speak to a knowledgable, intelligent person about this matter, I guess I will have to get a real lawyer and pay them. Good luck to you in your profession of offering "Free" Advice, maybe it should be called "no good advice" or "useless advice" or "critical advice"
 

I AM ALWAYS LIABLE

Senior Member
My response:

I didn't bother to read past your first couple of sentences, but I'll concede to all of your points. You're right. You seem to have all the answers.

Ever thought of attaching a JATO to your car?

Now, go away, and pay for the help you need.

IAAL
 
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L

legaleagle74

Guest
hey aljims7---give it up, they are ALWAYS right, perfect, unrefined, you could not possibly stand a chance against such perfection.


You can tell by all of these jerks previous posts how sarcastic and rude they are, so don't bother.

I know how hard it is to make such a hard decision, and I will keep you in my prayers.

Ignore Mr. Perfect and his 3 brothers, blah, blah, blah , is all I have to say to them!
 
A

aljms7

Guest
Keep up your prestigious B.S. and you will be the next Darwin award winner-thanks to Stanford..

Good advice, I didnt think you had it in you!!
If I attatched it to my car, I think Id know a good place to park it......
ps you still havent answered my question.
 
A

aljms7

Guest
LegalEagle74

LegalEagle74, THANK YOU so much for your response!! I cant believe how things went on this site. Im glad that you understand that its a difficult decision and that there are lots of factors involved. I greatly appreciate your response and kind words : ) Thanks again, Amy
 
L

legaleagle74

Guest
This is what I would do, I would take her to court and prove her unfit, and obtain temporary custody, until she completed a drug abuse program and could prove she could provide for the kids the correct way.


See, someone can give you an informed answer, without being an ass, how about that?


_______________



It is better to be thought of as an ass, then to open your mouth and remove all doubt
 

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