ErinGoBragh
Senior Member
What is the name of your state (only U.S. law)? NY
I am in a pickle here. I found out last week that the last time my 7 year old nephew attended school was one month ago when I dropped him off; I told my sister I was going to call CPS, and she broke down and admitted to hard drug use. We have spent the last week trying to get her into rehab, where she is now. In the meantime, I have my nephew and am getting him to school every day, taking care of him, and making sure he's in a stable situation.
The day before my sister went into rehab, she told my nephew's father that she was a drug addict and going in. She signed over temporary guardianship to me, which I am filing in the courts tomorrow, which was the soonest I could get there. In the meantime, I found out today that she was served with papers stating that there will be a hearing April 17th for the father to get full custody.
I'm not sure how to proceed. My sister will (hopefully) still be in rehab as of that point, and she wants me appointed his guardian. The father and I are not on speaking terms since I witnessed domestic violence by him against my sister in front of my nephew and called the police on him, which resulted in a subsequent arrest and assault charges to which he pled guilty. In addition, he has seen his child 5 times in the last two years, all supervised by my mother or my other sister. This is per the court order from the first custody case, in which, due to the violence, the lack of interest in my nephew, and well as proof of drug use in front of his other children which came to late, the judge granted my sister full legal and physical custody with visitation by the father as my sister saw fit, to be supervised my mother. I know this sounds unusual, but that WAS what the judge ordered.
I am concerned with my nephew's welfare, and want what is best for him. He has been in counseling consistently since the assault happened, and continues now (which is a boon, considering the weight on his young shoulders). I do not wish to cut him off from his father, but given the history, I do not want my nephew in that environment, considering that he still expresses in counseling how scared he is of his father, 2 years after the fact.
I have VERY little money for an attorney, since this was unexpected. I have a friend who is going to be sworn in as an attorney at the end of April who specializes in family law, and she is going to represent me for free. However, she will NOT be sworn in by the time the hearing comes around. The father does not have any attorney whatsoever. Can I request a continuance until she can be sworn in? And any other advice? I am feeling overwhelmed right now and don't know the best way to proceed.
I am in a pickle here. I found out last week that the last time my 7 year old nephew attended school was one month ago when I dropped him off; I told my sister I was going to call CPS, and she broke down and admitted to hard drug use. We have spent the last week trying to get her into rehab, where she is now. In the meantime, I have my nephew and am getting him to school every day, taking care of him, and making sure he's in a stable situation.
The day before my sister went into rehab, she told my nephew's father that she was a drug addict and going in. She signed over temporary guardianship to me, which I am filing in the courts tomorrow, which was the soonest I could get there. In the meantime, I found out today that she was served with papers stating that there will be a hearing April 17th for the father to get full custody.
I'm not sure how to proceed. My sister will (hopefully) still be in rehab as of that point, and she wants me appointed his guardian. The father and I are not on speaking terms since I witnessed domestic violence by him against my sister in front of my nephew and called the police on him, which resulted in a subsequent arrest and assault charges to which he pled guilty. In addition, he has seen his child 5 times in the last two years, all supervised by my mother or my other sister. This is per the court order from the first custody case, in which, due to the violence, the lack of interest in my nephew, and well as proof of drug use in front of his other children which came to late, the judge granted my sister full legal and physical custody with visitation by the father as my sister saw fit, to be supervised my mother. I know this sounds unusual, but that WAS what the judge ordered.
I am concerned with my nephew's welfare, and want what is best for him. He has been in counseling consistently since the assault happened, and continues now (which is a boon, considering the weight on his young shoulders). I do not wish to cut him off from his father, but given the history, I do not want my nephew in that environment, considering that he still expresses in counseling how scared he is of his father, 2 years after the fact.
I have VERY little money for an attorney, since this was unexpected. I have a friend who is going to be sworn in as an attorney at the end of April who specializes in family law, and she is going to represent me for free. However, she will NOT be sworn in by the time the hearing comes around. The father does not have any attorney whatsoever. Can I request a continuance until she can be sworn in? And any other advice? I am feeling overwhelmed right now and don't know the best way to proceed.