Child Custody

[holliehobbie08]

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

I filed bankruptcy in may of this year and am looking into getting custody of a 3 year old girl that is in a bad home. Will my bankruptcy have any affect on the judges decision?

 

[Isis1]

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

I filed bankruptcy in may of this year and am looking into getting custody of a 3 year old girl that is in a bad home. Will my bankruptcy have any affect on the judges decision?

who are you to this child?

 

[Ohiogal]

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

I filed bankruptcy in may of this year and am looking into getting custody of a 3 year old girl that is in a bad home. Will my bankruptcy have any affect on the judges decision?

Who has decided the child is in a bad home? Where is mom and dad of this child? Why do you believe that you deserve custody of this child?

 

[LdiJ]

Who has decided the child is in a bad home? Where is mom and dad of this child? Why do you believe that you deserve custody of this child?

All of those questions need to be answered. However, normally a bankruptcy would be irrelevant to custody, assuming that the OP is actually someone who has standing to file.

 

[holliehobbie08]

child custody

I am the girlfriend of the uncle of the child. It's no question that the child is in a bad home. The child's younger brother was recently taken from the home by my boyfriends ex-wife. The father is no where to be found and the child is currently living with the mother. The mother is on drugs and has multiple partners and the living conditions are not good at all. On top of all of that the mother has no job or financial help. I believe that I could give this child a chance at the good and decent life that she deserves. The child loves both of us and is so excited to see us. I really want to help her and love her. She deserves so much more than she is getting in her current home. I have no criminal record or negative points. The only thing was my bankruptcy but I am back on top of things now. So I need to know what I/we could do.

 

[Isis1]

I am the girlfriend of the uncle of the child. It's no question that the child is in a bad home. The child's younger brother was recently taken from the home by my boyfriends ex-wife. The father is no where to be found and the child is currently living with the mother. The mother is on drugs and has multiple partners and the living conditions are not good at all. On top of all of that the mother has no job or financial help. I believe that I could give this child a chance at the good and decent life that she deserves. The child loves both of us and is so excited to see us. I really want to help her and love her. She deserves so much more than she is getting in her current home. I have no criminal record or negative points. The only thing was my bankruptcy but I am back on top of things now. So I need to know what I/we could do.

are you serious? you, a legal stranger. wait, no. you are the girlfriend of the legal stranger.

is social services involved with the child?

 

[LdiJ]

I am the girlfriend of the uncle of the child. It's no question that the child is in a bad home. The child's younger brother was recently taken from the home by my boyfriends ex-wife. The father is no where to be found and the child is currently living with the mother. The mother is on drugs and has multiple partners and the living conditions are not good at all. On top of all of that the mother has no job or financial help. I believe that I could give this child a chance at the good and decent life that she deserves. The child loves both of us and is so excited to see us. I really want to help her and love her. She deserves so much more than she is getting in her current home. I have no criminal record or negative points. The only thing was my bankruptcy but I am back on top of things now. So I need to know what I/we could do.

You can do nothing. You have no absolutely standing to file for custody of the child.

The child's biological relatives may have standing to file if they can prove mom unfit by legal standards.

 

[stealth2]

You have GOT to be joking! Unless the state has stepped in and deemed Mom unfit, y'all have no right to do as you propose. Beyond that, polite words fail me.

 

[holliehobbie08]

child custody

apparently someone did not read my entire post. My boyfriend is the mom's brother. So he could file for kinship and yes child services has been to the home several times but no action has been taken and the mother has failed several drug tests. And if my boyfriend's ex-wife can get custody of the little girls brother then I think that we can custody pretty easily. Because his ex has no relation to the family whatsoever. The court will rule in favor of what is best for the child. And if children services takes her and puts her up for adoption, then won't a stranger be getting her? And shouldn't the child go to someone that she knows and is comfortable with to make it an easier transition? As long as it is a good and decent home.

 

[Isis1]

apparently someone did not read my entire post. My boyfriend is the mom's brother. So he could file for kinship and yes child services has been to the home several times but no action has been taken and the mother has failed several drug tests. And if my boyfriend's ex-wife can get custody of the little girls brother then I think that we can custody pretty easily. Because his ex has no relation to the family whatsoever. The court will rule in favor of what is best for the child. And if children services takes her and puts her up for adoption, then won't a stranger be getting her? And shouldn't the child go to someone that she knows and is comfortable with to make it an easier transition? As long as it is a good and decent home.

you stated YOU were looking for custody. you stated nothing about your boyfriend.

your boyfriend would stand a better chance as the child's uncle then you would as the uncle's girlfriend.

has social services removed the child from the home? failing drug test doesn't always mean custody loss.

 

[TheGeekess]

apparently someone did not read my entire post. My boyfriend is the mom's brother. So he could file for kinship and yes child services has been to the home several times but no action has been taken and the mother has failed several drug tests. And if my boyfriend's ex-wife can get custody of the little girls brother then I think that we can custody pretty easily. Because his ex has no relation to the family whatsoever. The court will rule in favor of what is best for the child. And if children services takes her and puts her up for adoption, then won't a stranger be getting her? And shouldn't the child go to someone that she knows and is comfortable with to make it an easier transition? As long as it is a good and decent home.

Until you are married, I am quite doubtful of any state (much less Georgia) of placing a child in an unmarried couple's home. What kind of stability is that?

 

[divona2000]

...My boyfriend is the mom's brother...And if my boyfriend's ex-wife can get custody of the little girls brother then I think that we can custody pretty easily. Because his ex has no relation to the family whatsoever...

The little brother's ex-Aunt actually has court-ordered, legal custody of the boy?

 

[holliehobbie08]

child custody

yes the ex wife just got legal custody of the brother. and she is living with her boyfriend and they are not married. the court didn't even pay much attention to that, just made sure that they could support the child and give him a better home. and there would be much more stability in a home with us than in her current situation. we have been together for several years and plan on staying together. and no social services has not removed the child, she continues to live in that terrible environment. She turns 3 in 1 1/2 mths and has not even begun to be potty trained. the mother can't even afford to get her meds if she needs them.

 

[Proserpina]

yes the ex wife just got legal custody of the brother. and she is living with her boyfriend and they are not married. the court didn't even pay much attention to that, just made sure that they could support the child and give him a better home. and there would be much more stability in a home with us than in her current situation. we have been together for several years and plan on staying together. and no social services has not removed the child, she continues to live in that terrible environment. She turns 3 in 1 1/2 mths and has not even begun to be potty trained. the mother can't even afford to get her meds if she needs them.

Seriously, the adult in question needs to speak with an attorney.

 

[Ohiogal]

apparently someone did not read my entire post. My boyfriend is the mom's brother. So he could file for kinship

He could only file for kinship placement if Child Services has CUSTODY of the child.

and yes child services has been to the home several times but no action has been taken and the mother has failed several drug tests.

Hence Child Services has found NOTHING wrong with the situation nor do they believe that mom is unfit.

And if my boyfriend's ex-wife can get custody of the little girls brother then I think that we can custody pretty easily.

Did mom and dad agree with the ex-wife getting custody of the little girl's brother?

Because his ex has no relation to the family whatsoever. The court will rule in favor of what is best for the child.

Wrong. That is NOT what the standard is. The standard is that the parents must be found unsuitable and detrimental to the child AND THEN there is a best interests test.

And if children services takes her and puts her up for adoption, then won't a stranger be getting her?

Children Services cannot just TAKE HER and PUT HER up for adoption. They would have to get a court order for custody and then grant mom time to work on a case plan.

And shouldn't the child go to someone that she knows and is comfortable with to make it an easier transition? As long as it is a good and decent home.

But you have NOT stated anything that says it is required that she be removed from her current home.