• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Gaining custody of my 3 younger siblings

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

KAKiR

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

I am 22 years old and live in Pennsylvania. I recently graduated from college and am working at a fast food restaurant until I am able to find a better job.

My sister is 17, my brother is 15 and my youngest sister is 12, almost 13. They all live in New Jersey with our mother and grandmother.

Our mother has been neglectful for years. It started when I was about 12. I moved out because her selfishness and neglect were affecting my schoolwork and happiness. It's hard for me to go into detail here, but it is a horrible environment to be in. That house is a mess and smells, but if my siblings were happy there I would not be considering this so seriously. Our grandmother does not create a healthy environment for them. For example, the 17-year-old told me that she has been falling asleep in classes because she keeps her up extremely late to do work on her side. (The house is split in two, an apartment-like side our grandmother resides in and a larger section that everyone else is in.)

Recently, DFS came to the house and threatened to remove them from their care. They then gave them an extension to clean the house. They even specified that my siblings not do a large portion of the work. I guess that they came out partially because of that or my siblings told them that those adults do next to nothing. That is completely true.

Our mother is on disablity and has made little to no effort to improve her condition. She uses it as an excuse to do nothing. Our grandmother had to retire early due to a miriad of illnesses. She is able to drive, but she is the only one who can. I am unsure how long she is able to continue, since she says she needs my siblings to help her do things like shower and flush the toilet.

They have let me know that they do not want to live there. I was told that living with strangers would be strange, but they'd rather do that than live there. They are unhappy, and as a big sister I need to help them. I am accepting the possibility that they cannot live with me. I have to try though.

They are not going to just give them up. I learned that when I moved out and in with my dad.

I want to take custody of them, and I know now that they'd prefer that. I am hoping to gain permanent custody, since I firmly believe that they would be much happier.

I am not concerned with whether or not those adults like me after this. I am concerned about the possibility of them keeping my siblings from me, so I wouldn't know how they are if this does not go as planned.

I am planning to call the social worker who came to that house to tell her what I know and that I see no hope of the situation improving. I need her to know that they do not want to live there, and that I believe that it would be in their best interest for me to take custody of them.

What do you think would be my chances of succeeding? How should I approach this? I'm very worried and a bit scared, but I'm trying very hard to keep that in check. I need them to be happy. I can't let them live the way they are. I want them to be able live like normal, happy kids, or as close to normal as possible.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

I am 22 years old and live in Pennsylvania. I recently graduated from college and am working at a fast food restaurant until I am able to find a better job.

My sister is 17, my brother is 15 and my youngest sister is 12, almost 13. They all live in New Jersey with our mother and grandmother.

Our mother has been neglectful for years. It started when I was about 12. I moved out because her selfishness and neglect were affecting my schoolwork and happiness. It's hard for me to go into detail here, but it is a horrible environment to be in. That house is a mess and smells, but if my siblings were happy there I would not be considering this so seriously. Our grandmother does not create a healthy environment for them. For example, the 17-year-old told me that she has been falling asleep in classes because she keeps her up extremely late to do work on her side. (The house is split in two, an apartment-like side our grandmother resides in and a larger section that everyone else is in.)

Recently, DFS came to the house and threatened to remove them from their care. They then gave them an extension to clean the house. They even specified that my siblings not do a large portion of the work. I guess that they came out partially because of that or my siblings told them that those adults do next to nothing. That is completely true.

Our mother is on disablity and has made little to no effort to improve her condition. She uses it as an excuse to do nothing. Our grandmother had to retire early due to a miriad of illnesses. She is able to drive, but she is the only one who can. I am unsure how long she is able to continue, since she says she needs my siblings to help her do things like shower and flush the toilet.

They have let me know that they do not want to live there. I was told that living with strangers would be strange, but they'd rather do that than live there. They are unhappy, and as a big sister I need to help them. I am accepting the possibility that they cannot live with me. I have to try though.

They are not going to just give them up. I learned that when I moved out and in with my dad.

I want to take custody of them, and I know now that they'd prefer that. I am hoping to gain permanent custody, since I firmly believe that they would be much happier.

I am not concerned with whether or not those adults like me after this. I am concerned about the possibility of them keeping my siblings from me, so I wouldn't know how they are if this does not go as planned.

I am planning to call the social worker who came to that house to tell her what I know and that I see no hope of the situation improving. I need her to know that they do not want to live there, and that I believe that it would be in their best interest for me to take custody of them.

What do you think would be my chances of succeeding? How should I approach this? I'm very worried and a bit scared, but I'm trying very hard to keep that in check. I need them to be happy. I can't let them live the way they are. I want them to be able live like normal, happy kids, or as close to normal as possible.

You have absolutely NO chance unless Mom voluntarily gives you custody or if DFS steps in and removes the children.

There are a couple of things you need to understand.

1. Children have no inherent right to be happy.

2. Where they want to live is also completely irrelevant.

3. When child services does get involved, the goal is for reunification - meaning the children are returned to their primary caregiver.

4. You are not equal to the parents - you will not be standing equal if you do take this to court. You would have an enormous burden and frankly even if the children are removed, you're still not on the top of the list of viable alternative placements.

You also need to understand that by law, Mom can completely withhold them from you - meaning you never get to see or talk to them until they're all adults. And I do mean "never".

Now. Where is their father?

And finally - instead of wanting to rush in and remove them, have you considered calling Mom to see if there's anything you can help with? She's disabled - perhaps an offer to help her clean up the house would be a good start.
 

Proserpina

Senior Member
Oops - I missed a couple of points.

1. You have a McJob. How exactly are you going to support 3 kids?

2. You're also out of state. Now I understand this could be them living in Lambertville while you're in New Hope, but it could also mean something quite different. You're not just asking for placement - you're wanting to take them out of state, out of the local jurisdiction.

I think the only real option you have right now is to work WITH Mom, not against her.
 

Ohiogal

Queen Bee
Oops - I missed a couple of points.

1. You have a McJob. How exactly are you going to support 3 kids?

2. You're also out of state. Now I understand this could be them living in Lambertville while you're in New Hope, but it could also mean something quite different. You're not just asking for placement - you're wanting to take them out of state, out of the local jurisdiction.

I think the only real option you have right now is to work WITH Mom, not against her.
If DFS gets involved, since she is out of state, an ICPC would have to be completed. That takes about six months. That is a requirement under the law.
 

single317dad

Senior Member
OP, perhaps you could move closer to your family and offer your assistance to these two disabled women raising three minor children. Maybe you could pick up a chore or two here and there so the kids could have some extra sleep.
 

stealth2

Under the Radar Member
I see no chance of prevailing without an attorney, which I don't see how you would pay for, given your job. Sorry. I also don't see how you would support three minors, even with child support - which is likely to be minimal wrt Mom.

The big elephant in the room is - where is/are the father(s) of these kids? Why is he/are they not stepping up?

And, to be pedantic, in NJ, it is DYFS.
 

dannyt

Member
they dont decide

What is the name of your state (only U.S. law)? Pennsylvania

I am 22 years old and live in Pennsylvania. I recently graduated from college and am working at a fast food restaurant until I am able to find a better job.

My sister is 17, my brother is 15 and my youngest sister is 12, almost 13. They all live in New Jersey with our mother and grandmother.

Our mother has been neglectful for years. It started when I was about 12. I moved out because her selfishness and neglect were affecting my schoolwork and happiness. It's hard for me to go into detail here, but it is a horrible environment to be in. That house is a mess and smells, but if my siblings were happy there I would not be considering this so seriously. Our grandmother does not create a healthy environment for them. For example, the 17-year-old told me that she has been falling asleep in classes because she keeps her up extremely late to do work on her side. (The house is split in two, an apartment-like side our grandmother resides in and a larger section that everyone else is in.)

Recently, DFS came to the house and threatened to remove them from their care. They then gave them an extension to clean the house. They even specified that my siblings not do a large portion of the work. I guess that they came out partially because of that or my siblings told them that those adults do next to nothing. That is completely true.

Our mother is on disablity and has made little to no effort to improve her condition. She uses it as an excuse to do nothing. Our grandmother had to retire early due to a miriad of illnesses. She is able to drive, but she is the only one who can. I am unsure how long she is able to continue, since she says she needs my siblings to help her do things like shower and flush the toilet.

They have let me know that they do not want to live there. I was told that living with strangers would be strange, but they'd rather do that than live there. They are unhappy, and as a big sister I need to help them. I am accepting the possibility that they cannot live with me. I have to try though.

They are not going to just give them up. I learned that when I moved out and in with my dad.

I want to take custody of them, and I know now that they'd prefer that. I am hoping to gain permanent custody, since I firmly believe that they would be much happier.

I am not concerned with whether or not those adults like me after this. I am concerned about the possibility of them keeping my siblings from me, so I wouldn't know how they are if this does not go as planned.

I am planning to call the social worker who came to that house to tell her what I know and that I see no hope of the situation improving. I need her to know that they do not want to live there, and that I believe that it would be in their best interest for me to take custody of them.

What do you think would be my chances of succeeding? How should I approach this? I'm very worried and a bit scared, but I'm trying very hard to keep that in check. I need them to be happy. I can't let them live the way they are. I want them to be able live like normal, happy kids, or as close to normal as possible.
untill your siblings are 18 they live where the courts tell them to live its not their decision to make. nor do they decide who gets custody of them again thats the court's decision not theirs
 

Just Blue

Senior Member
untill your siblings are 18 they live where the courts tell them to live its not their decision to make. nor do they decide who gets custody of them again thats the court's decision not theirs
Yes dannytroll...That point has been addressed. Reading is fundamental:p
 

KAKiR

Junior Member
I see no chance of prevailing without an attorney, which I don't see how you would pay for, given your job. Sorry. I also don't see how you would support three minors, even with child support - which is likely to be minimal wrt Mom.

The big elephant in the room is - where is/are the father(s) of these kids? Why is he/are they not stepping up?

And, to be pedantic, in NJ, it is DYFS.

I have realized that it would be difficult, especially with my job. I am currently looking for another job, but have been unsuccessful so far. This has added another motivator to my job search. I don't want to alienate our mother, so talking with her would probably be the best thing to do. I'm a bit nervous about doing that though.

Their father is somewhere in the US. Near the start of the summer he decided to stop contacting them because my sister hadn't texted him in a few days. He accused her of all sorts of things and made her cry. That was the second time he's done that to her. He hasn't been in contact with them since. He hasn't been in their lives since our mother divorced him because he was abusive about 12 years ago. I was about 10, so that's an estimate. I don't think he's paid much child support either. He's been working under the table and getting money from his mother to avoid it, according to my sister.

And DYFS recently (or at least since they last visited) changed their name. When I called today I had to call the DFC. Every other time they came to the house I called them DYFS. I was confused when my sister first told me DFC was coming. I don't even know what they're called in PA.
 
What about trying to sit down as a family and negotiate chores for the house hold, and a care plan that benefits everyone? You can also offer to take a sibling every weekend to give them a break and get them some time out of the house?
 

Just Blue

Senior Member
What about trying to sit down as a family and negotiate chores for the house hold, and a care plan that benefits everyone? You can also offer to take a sibling every weekend to give them a break and get them some time out of the house?
Just because I can't say it enough...

Why, as a paralegal in NH, can you not deal with the custody/support in your OWN STATE of NH, but think you are qualifed to offer advice to other posters from other states?

FG Px Hx is interesting.
 

Just Blue

Senior Member
Not advice. Just a suggestion.
Yeah I know.

And I can't say I disagree with your suggestion...I am just wondering why, with your personal LEGAL education, you were rude to volunteers of this forum when you needed advice for your hubby/BF legal issue that you could not advise him on...But feel free to advise/suggest on other members in OTHER states issues.

Sorry for the run on post...:)
 
Good question Blue Meanie. I was rude because nobody wants to hear the truth. I had some things I really needed to accept and move on, and I've done that. The situation is my fault and it's probably never going to change. So no sense being bitter. Aside from that, I like this place, and I hope you can give me a second chance to prove im not that bad of a person.
 
And as a paralegal I work in primarily estate and tax law and have experience in Criminal Law. I don't know anymore about family law than from my own cases I've navigated Pro Se. Just because one is a paralegal or a lawyer doesn't mean they are qualified on all subjects. We have fields we specialize in.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top