• 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.

grandparent rights

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

TJFO

Junior Member
What is the name of your state? Mother lives in Hagerstown, Maryland and the grandparents live in Mercersburg, Pennsylvania


My step-sister has two children, one 3 yrs. old and the other 1 yr. old. The 1yr. old usually goes with his father's parents and the 3yr. old goes to my parents. My sister is on welfare, living in state funded housing while having a job and working under the table without claiming it on her taxes (and that is just the beginning). My mom watches my 3 yr. old nephew every Wednesday night into Thursday morning and every weekend. When my mom takes him home on Monday morning before she goes to work he kicks and screams that he does not want to go to his mommy's house. Her house is constanly a mess with barely enough room to walk and the kitchen sink is always stacked high with dirty dishes. She is constanly deglecting her children, chating on the internet all day meeting strange people. This past Monday when my mom took my nephew home, my sister was not even there. There was a man there that has been living at her house for the past several months (note: not a boyfriend and keep in mind that this is state funded housing). He said he would watch my nephew until my sister got home, which he claimed would not be long. My mom stuck around for a while in hopes she would get home when she did not come home my mom had to leave him kicking and screaming because she had to go to work; she does not want to lose her job. My mom later found out that my sister had been in the ER on Sunday evening and got out late so she stayed at a friends. She never came home till Monday evening until 6 o'clock p.m. Then Tuesday evening my sister's mother took the boys for a few hours and when she returned my 3 yr. old nephew did the usual kicking and screaming. As they got close to the apartment a man dressed in goth (all in black, piercing, tatoos) cames out, when my nephew saw him he became hysterical with fear. Her mother layed into my sister about all the men and the kinds of people she had around the boys. Then on Wednesday evening when my mom went to pick up my 3 yr. old nephew she walked in to find three guys sitting on the couch and my sister in the shower. Later that evening my nephew told my mom that the man that had watched him on Monday had slapped him. We have tried talking to my sister, we have made threats and she has done nothing to show that she cares about the well-being of her boys. My mom, step-dad and her mother plan to sit down with her this Tuesday and give her ultimatums. If that does nothing and my parents take the boys what are there leagal rights to do so?

Just a note she has left both boys unattended in the house for hours while she goes to do the laundry. If the 1 yr. old is sleeping and the 3 yr. old is awake she will either leave both of them there or she will take the 3 yr. old and let the 1yr. old there asleep.

Please help, if there is any advise you could give me it would be greatly appreciated.

Seriously Concerned Aunt
 


LdiJ

Senior Member
TJFO said:
What is the name of your state? Mother lives in Hagerstown, Maryland and the grandparents live in Mercersburg, Pennsylvania


My step-sister has two children, one 3 yrs. old and the other 1 yr. old. The 1yr. old usually goes with his father's parents and the 3yr. old goes to my parents. My sister is on welfare, living in state funded housing while having a job and working under the table without claiming it on her taxes (and that is just the beginning). My mom watches my 3 yr. old nephew every Wednesday night into Thursday morning and every weekend. When my mom takes him home on Monday morning before she goes to work he kicks and screams that he does not want to go to his mommy's house. Her house is constanly a mess with barely enough room to walk and the kitchen sink is always stacked high with dirty dishes. She is constanly deglecting her children, chating on the internet all day meeting strange people. This past Monday when my mom took my nephew home, my sister was not even there. There was a man there that has been living at her house for the past several months (note: not a boyfriend and keep in mind that this is state funded housing). He said he would watch my nephew until my sister got home, which he claimed would not be long. My mom stuck around for a while in hopes she would get home when she did not come home my mom had to leave him kicking and screaming because she had to go to work; she does not want to lose her job. My mom later found out that my sister had been in the ER on Sunday evening and got out late so she stayed at a friends. She never came home till Monday evening until 6 o'clock p.m. Then Tuesday evening my sister's mother took the boys for a few hours and when she returned my 3 yr. old nephew did the usual kicking and screaming. As they got close to the apartment a man dressed in goth (all in black, piercing, tatoos) cames out, when my nephew saw him he became hysterical with fear. Her mother layed into my sister about all the men and the kinds of people she had around the boys. Then on Wednesday evening when my mom went to pick up my 3 yr. old nephew she walked in to find three guys sitting on the couch and my sister in the shower. Later that evening my nephew told my mom that the man that had watched him on Monday had slapped him. We have tried talking to my sister, we have made threats and she has done nothing to show that she cares about the well-being of her boys. My mom, step-dad and her mother plan to sit down with her this Tuesday and give her ultimatums. If that does nothing and my parents take the boys what are there leagal rights to do so?

Just a note she has left both boys unattended in the house for hours while she goes to do the laundry. If the 1 yr. old is sleeping and the 3 yr. old is awake she will either leave both of them there or she will take the 3 yr. old and let the 1yr. old there asleep.

Please help, if there is any advise you could give me it would be greatly appreciated.

Seriously Concerned Aunt
Technically your/her parents don't have any legal authority or basis to give her ultimatims. In addition, what you are describing probably wouldn't meet the standards needed for CPS to remove the children from her home. If your/her parents take the children without her permission its kidnapping.

I really sympathize with your concerns but your/her parents probably shouldn't be doing anything at all until they consult with an attorney.
 

Phnx02

Member
TJFO said:
What is the name of your state? Mother lives in Hagerstown, Maryland and the grandparents live in Mercersburg, Pennsylvania


My step-sister has two children, one 3 yrs. old and the other 1 yr. old. The 1yr. old usually goes with his father's parents and the 3yr. old goes to my parents. My sister is on welfare, living in state funded housing while having a job and working under the table without claiming it on her taxes (and that is just the beginning). My mom watches my 3 yr. old nephew every Wednesday night into Thursday morning and every weekend. When my mom takes him home on Monday morning before she goes to work he kicks and screams that he does not want to go to his mommy's house. Her house is constanly a mess with barely enough room to walk and the kitchen sink is always stacked high with dirty dishes. She is constanly deglecting her children, chating on the internet all day meeting strange people. This past Monday when my mom took my nephew home, my sister was not even there. There was a man there that has been living at her house for the past several months (note: not a boyfriend and keep in mind that this is state funded housing). He said he would watch my nephew until my sister got home, which he claimed would not be long. My mom stuck around for a while in hopes she would get home when she did not come home my mom had to leave him kicking and screaming because she had to go to work; she does not want to lose her job. My mom later found out that my sister had been in the ER on Sunday evening and got out late so she stayed at a friends. She never came home till Monday evening until 6 o'clock p.m. Then Tuesday evening my sister's mother took the boys for a few hours and when she returned my 3 yr. old nephew did the usual kicking and screaming. As they got close to the apartment a man dressed in goth (all in black, piercing, tatoos) cames out, when my nephew saw him he became hysterical with fear. Her mother layed into my sister about all the men and the kinds of people she had around the boys. Then on Wednesday evening when my mom went to pick up my 3 yr. old nephew she walked in to find three guys sitting on the couch and my sister in the shower. Later that evening my nephew told my mom that the man that had watched him on Monday had slapped him. We have tried talking to my sister, we have made threats and she has done nothing to show that she cares about the well-being of her boys. My mom, step-dad and her mother plan to sit down with her this Tuesday and give her ultimatums. If that does nothing and my parents take the boys what are there leagal rights to do so?

Just a note she has left both boys unattended in the house for hours while she goes to do the laundry. If the 1 yr. old is sleeping and the 3 yr. old is awake she will either leave both of them there or she will take the 3 yr. old and let the 1yr. old there asleep.

Please help, if there is any advise you could give me it would be greatly appreciated.

Seriously Concerned Aunt
What you are describing certainly does qualify for CPS intervention......it's called neglect and child endangerment. A 1 & 3yr old cannot stay home by themselves, even for a few minutes, and leaving the children with different men that slap them is physical abuse......something she can be charged with for leaving them in their care. It's good you & your parents are concerned. Giving her an ultimatium isn't enough. Your parents need to either call CPS or file for guardinship or custody of the children. More than likely, CPS will put the children in foster care. They may or may not let your parents take them. Look into guardinship......all your sister has to do is sign the papers. This will keep them out of foster care and better your parents chances of getting custody later, if they choose that route.
 

Find the Right Lawyer for Your Legal Issue!

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