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Mom and Aunt want custody of their sisters kids

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ImASunflower

Junior Member
Oregon is the state we are in.

Recently as of a couple days ago, my aunt was arrested for a drug deal gone sour and is looking at 7 years behind bars. She has 6 kids that are no longer hers but the states. My aunt and mother want to take custody of the children, ranging from infant to 14 years old. Ideal plan was the 3 youngest with my mom and older 3 with my aunt. The fathers in question are either currently in Jail or in a Mexico (not a US citizen/resident), so they aren't in the picture. The kids were with my mom and aunt respectively, but DHS took them away into foster care. And this is where we run into the problem. The caseworker assigned to the kids, had reason to believe both my aunt and mom were also druggies. This was just assumption of the caseworker, without any sort of drug testing, or even asking them about it/visiting them. So the kids were taken away without cause, from my mom and aunt. What they want to know is how do they fight this, as they were initially in talks to receive custody of the children, but there were a few snags. My aunt was denied custody at first cause she is married to someone who isn't a citizen/resident but both have full time jobs and are working on getting my aunts husband papers. My mom was in talks but wasn't formally given custody as she doesn't have a full time job. She mainly does "under the table gigs" or seasonal work. However, my brother who lives with my mom does have a full time job, so they were in talks of giving him custody. What are the next steps to take in all this, or fight the "druggie" allegations. As things were progressing smoothly up until this point.

Also I don't know if this is applicable information but I figure more information can't hurt: my mom was already taking care of the youngest of the children, and while occasionally caring for the other 2 younger ones, and my aunt looking after the older 3(Taking them to/from school giving lunch money etc.) So taking care of them isn't something that'll be new to them as they already have been doing. They were trying to have my aunt(the one who was jailed) give them custody as they foresaw her drug problems and wanted to avoid getting the state involved.

This is all the information my mother has given me as she doesn't know anything else. Any help/info on how to proceed next would be great!
 


Ohiogal

Queen Bee
Oregon is the state we are in.

Recently as of a couple days ago, my aunt was arrested for a drug deal gone sour and is looking at 7 years behind bars. She has 6 kids that are no longer hers but the states. My aunt and mother want to take custody of the children, ranging from infant to 14 years old. Ideal plan was the 3 youngest with my mom and older 3 with my aunt. The fathers in question are either currently in Jail or in a Mexico (not a US citizen/resident), so they aren't in the picture. The kids were with my mom and aunt respectively, but DHS took them away into foster care. And this is where we run into the problem. The caseworker assigned to the kids, had reason to believe both my aunt and mom were also druggies. This was just assumption of the caseworker, without any sort of drug testing, or even asking them about it/visiting them. So the kids were taken away without cause, from my mom and aunt. What they want to know is how do they fight this, as they were initially in talks to receive custody of the children, but there were a few snags. My aunt was denied custody at first cause she is married to someone who isn't a citizen/resident but both have full time jobs and are working on getting my aunts husband papers. My mom was in talks but wasn't formally given custody as she doesn't have a full time job. She mainly does "under the table gigs" or seasonal work. However, my brother who lives with my mom does have a full time job, so they were in talks of giving him custody. What are the next steps to take in all this, or fight the "druggie" allegations. As things were progressing smoothly up until this point.

Also I don't know if this is applicable information but I figure more information can't hurt: my mom was already taking care of the youngest of the children, and while occasionally caring for the other 2 younger ones, and my aunt looking after the older 3(Taking them to/from school giving lunch money etc.) So taking care of them isn't something that'll be new to them as they already have been doing. They were trying to have my aunt(the one who was jailed) give them custody as they foresaw her drug problems and wanted to avoid getting the state involved.

This is all the information my mother has given me as she doesn't know anything else. Any help/info on how to proceed next would be great!
What do mean the kids are no longer "hers but the states"? When were the children placed in foster care? The fathers have rights as well and the state will need to contact them. The state will have to have a trial to prove that there is a need for them to be involved and the children to go to foster care. but your mom and aunt are not parties to that case. Only the parents are parties.
 

Zigner

Senior Member, Non-Attorney
Oregon is the state we are in.

Recently as of a couple days ago, my aunt was arrested for a drug deal gone sour and is looking at 7 years behind bars. She has 6 kids that are no longer hers but the states. My aunt and mother want to take custody of the children, ranging from infant to 14 years old. Ideal plan was the 3 youngest with my mom and older 3 with my aunt. The fathers in question are either currently in Jail or in a Mexico (not a US citizen/resident), so they aren't in the picture. The kids were with my mom and aunt respectively, but DHS took them away into foster care. And this is where we run into the problem. The caseworker assigned to the kids, had reason to believe both my aunt and mom were also druggies. This was just assumption of the caseworker, without any sort of drug testing, or even asking them about it/visiting them. So the kids were taken away without cause, from my mom and aunt. What they want to know is how do they fight this, as they were initially in talks to receive custody of the children, but there were a few snags. My aunt was denied custody at first cause she is married to someone who isn't a citizen/resident but both have full time jobs and are working on getting my aunts husband papers. My mom was in talks but wasn't formally given custody as she doesn't have a full time job. She mainly does "under the table gigs" or seasonal work. However, my brother who lives with my mom does have a full time job, so they were in talks of giving him custody. What are the next steps to take in all this, or fight the "druggie" allegations. As things were progressing smoothly up until this point.

Also I don't know if this is applicable information but I figure more information can't hurt: my mom was already taking care of the youngest of the children, and while occasionally caring for the other 2 younger ones, and my aunt looking after the older 3(Taking them to/from school giving lunch money etc.) So taking care of them isn't something that'll be new to them as they already have been doing. They were trying to have my aunt(the one who was jailed) give them custody as they foresaw her drug problems and wanted to avoid getting the state involved.

This is all the information my mother has given me as she doesn't know anything else. Any help/info on how to proceed next would be great!

In other words, DHS doesn't want lawbreakers caring for the children...
 

LdiJ

Senior Member
In other words, DHS doesn't want lawbreakers caring for the children...
Considering the fact that neither the mother nor the aunt are doing anything illegal that was a pretty racist thing to say Zig.

It is not illegal to marry an undocumented person, and it is not illegal to work under the table or to do seasonal work. Neither one of those things make them lawbreakers.

The one working under the table could violate the tax laws if she does not properly report her income for tax purposes. However that information is not in evidence, and is actually unlikely, because poorer people get earned income credit and therefore are unlikely to leave income off their return. However in no way, shape or form is it EVER illegal to marry anyone who is not married to someone else or isn't related to you.
 

Zigner

Senior Member, Non-Attorney
Considering the fact that neither the mother nor the aunt are doing anything illegal that was a pretty racist thing to say Zig.

It is not illegal to marry an undocumented person, and it is not illegal to work under the table or to do seasonal work. Neither one of those things make them lawbreakers.
Are you ok? Even for you, this is an asinine thing to say. It is NOT unreasonable to say that the kids' UNCLE (a lawbreaker) will be caring for the kids at some point. And it IS illegal to work "under the table."

For you to call me a racist is way WAY out of line. When I made my comment, the race of the people involved didn't come in to mind at all. Pretty low, even for you.
 

xylene

Senior Member
The caseworker assigned to the kids, had reason to believe both my aunt and mom were also druggies.
Speculating about 'lawbreakers' seems farfetched when the op told us the reason. Maybe focusing on whys of why the DHS doen't need some absolute proof might be more helpful to the op.

Maybe there is something they need to change that is (possibly unintentionally) telegraphing that they are substance abusers.
 

CTU

Meddlesome Priestess
Considering the fact that neither the mother nor the aunt are doing anything illegal that was a pretty racist thing to say Zig.

It is not illegal to marry an undocumented person, and it is not illegal to work under the table or to do seasonal work. Neither one of those things make them lawbreakers.

The one working under the table could violate the tax laws if she does not properly report her income for tax purposes. However that information is not in evidence, and is actually unlikely, because poorer people get earned income credit and therefore are unlikely to leave income off their return. However in no way, shape or form is it EVER illegal to marry anyone who is not married to someone else or isn't related to you.
Are you out of your ever-loving mind? On what planet does Zig's post indicate racism of ANY sort?

I have no idea what's up with you lately, but you need to get your head on straight and Zig deserves a sincere apology.
 

LdiJ

Senior Member
Are you ok? Even for you, this is an asinine thing to say. It is NOT unreasonable to say that the kids' UNCLE (a lawbreaker) will be caring for the kids at some point.
Please quote the exact section of her post that indicates that the Uncle is a lawbreaker. I certainly can find nothing to indicate so...and I have read the OP's post multiple times.

And it IS illegal to work "under the table."
"Under the table" is a derogative term for working for cash. It is NOT illegal to work for cash. It is illegal to not report your income and pay your taxes from working for cash. It is illegal for many employers to pay employees in cash if they are properly employees. That makes the employer's behavior illegal, not the employee's.

For you to call me a racist is way WAY out of line. When I made my comment, the race of the people involved didn't come in to mind at all. Pretty low, even for you.
I call it as I see it, just as you consistently call it as you see it.
 

Zigner

Senior Member, Non-Attorney
Please quote the exact section of her post that indicates that the Uncle is a lawbreaker. I certainly can find nothing to indicate so...and I have read the OP's post multiple times.
Uncle's in the country illegally. By definition, he is a lawbreaker.



"Under the table" is a derogative term for working for cash. It is NOT illegal to work for cash. It is illegal to not report your income and pay your taxes from working for cash. It is illegal for many employers to pay employees in cash if they are properly employees. That makes the employer's behavior illegal, not the employee's.
No, "Under the table" is a common term for working for cash while not properly reporting it.
 

quincy

Senior Member
Please quote the exact section of her post that indicates that the Uncle is a lawbreaker. I certainly can find nothing to indicate so...and I have read the OP's post multiple times.



"Under the table" is a derogative term for working for cash. It is NOT illegal to work for cash. It is illegal to not report your income and pay your taxes from working for cash. It is illegal for many employers to pay employees in cash if they are properly employees. That makes the employer's behavior illegal, not the employee's.



I call it as I see it, just as you consistently call it as you see it.
I see nothing "racist" in what Zigner wrote.

ImASunflower was the one who said her mother worked "under the table gigs."

Here is one link to the definition of the idiom "under the table" - https://idioms.thefreedictionary.com/under+the+table - "... secretly because it is dishonest or illegal ..." and "... some shady transaction..."

Calling Zigner racist was uncalled for, LdiJ. I suggest you apologize.
 

Ohiogal

Queen Bee
Oregon is the state we are in.

Recently as of a couple days ago, my aunt was arrested for a drug deal gone sour and is looking at 7 years behind bars. She has 6 kids that are no longer hers but the states. My aunt and mother want to take custody of the children, ranging from infant to 14 years old. Ideal plan was the 3 youngest with my mom and older 3 with my aunt.
Ideal for who?

The fathers in question are either currently in Jail or in a Mexico (not a US citizen/resident), so they aren't in the picture.
Doesn't matter because they still have more rights than either YOU or your relatives as they are parents and have CONSTITUTIONAL rights.
The kids were with my mom and aunt respectively, but DHS took them away into foster care. And this is where we run into the problem. The caseworker assigned to the kids, had reason to believe both my aunt and mom were also druggies. This was just assumption of the caseworker, without any sort of drug testing, or even asking them about it/visiting them.
What reason did they believe your aunt and mom are also druggies? Was your aunt living with one of them? With both of them?
So the kids were taken away without cause, from my mom and aunt.
Your mom and aunt have NO rights and no standing to have custody of the children unless MOM of the children gave them custody. Did she? I doubt it.

What they want to know is how do they fight this, as they were initially in talks to receive custody of the children, but there were a few snags. My aunt was denied custody at first cause she is married to someone who isn't a citizen/resident but both have full time jobs and are working on getting my aunts husband papers.
If he is not a citizen/resident, he is at serious risk of being deported. So how much what does your aunt do for a living?

My mom was in talks but wasn't formally given custody as she doesn't have a full time job. She mainly does "under the table gigs" or seasonal work.
When is the last time your mom filed taxes?

However, my brother who lives with my mom does have a full time job, so they were in talks of giving him custody. What are the next steps to take in all this, or fight the "druggie" allegations. As things were progressing smoothly up until this point.
They need an attorney to talk about filing a motion to intervene. If they can't afford counsel they may be out of luck unless they can figure out how to intervene and move for custody themselves.
Also I don't know if this is applicable information but I figure more information can't hurt: my mom was already taking care of the youngest of the children, and while occasionally caring for the other 2 younger ones, and my aunt looking after the older 3(Taking them to/from school giving lunch money etc.) So taking care of them isn't something that'll be new to them as they already have been doing. They were trying to have my aunt(the one who was jailed) give them custody as they foresaw her drug problems and wanted to avoid getting the state involved.

This is all the information my mother has given me as she doesn't know anything else. Any help/info on how to proceed next would be great!
Your mom and aunt need to talk to a juvenile attorney about filing to intervene and about filing a motion for custody. Also they need to question the attorney about in loco parentis.
 

Just Blue

Senior Member
Considering the fact that neither the mother nor the aunt are doing anything illegal that was a pretty racist thing to say Zig.

It is not illegal to marry an undocumented person, and it is not illegal to work under the table or to do seasonal work. Neither one of those things make them lawbreakers.

The one working under the table could violate the tax laws if she does not properly report her income for tax purposes. However that information is not in evidence, and is actually unlikely, because poorer people get earned income credit and therefore are unlikely to leave income off their return. However in no way, shape or form is it EVER illegal to marry anyone who is not married to someone else or isn't related to you.
LD....I suggest you have your med's adjusted. Either you are taking too much or not enough.
 

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