Help! Aunt wants custody/ child was abandoned

[dlynnt]

What is the name of your state? Louisiana
I want to get custody of my 13yr old neice. Her mother has sole custody but hasn't been a part of her life for a long time. Her father lived 1/4 mile from me for about 1-1/2 to 2 yrs. He never wanted her to live with him. She has two younger sisters that she hardly ever got to see. She has been treated for being bi polar. the doctors said that she will be that way for the rest of her life.
Her father applied for SSI benefits for her, which was to be used for her care. Then one day we found out that he packed up her two sisters, his new wife and their two kids and moved to California, and didn't even come by to tell her goodby. Also he cashed her first SSI check to pay for his move to California. She never saw a dime of it.
We found out where he is working out there and asked him if he would willingly sign a custody mandate. He said that he would. We went to a lawyer and paid to have the paper drawn up. I sent it fed-ex overnight, and paid for the return overnight. Now he wont send the papers back.
What can I do? I don't have the money to sue for custody under abandonment. Her school had to list her as homeless just so she could go to school.
This child has had such a rough life. I just want to give her a stable home where she is wanted and loved. What can i do.....Legally?

 

[tammied]

i don't know much about your state, but there should be some kind of assistance or public aid in your area to help you. go to websites pertaining to child custody, change of gaurdianship, or maybe try lacourts.com maybe you could get some help there.

 

[dlynnt]

Thanks for tha advice tiptoes. I have checked into legal-aide. They said that my husband makes too much to qualify for help. Our income is considered to be around poverty level yet they say we make too much. I am in the process of cracking alot of books at the local library and try to do the research to handle this matter on my own. I have went to so many web sites and called so many lawyers. It's all about the money.. not the child...Sad isn't it?
Again I thank you for your advice.

 

[dlynnt]

I would like to add some info to my first post. My sister, who is the child in questions mother, lives in Ca. around the Desert Hot Springs area. She is a drug addict. The childs dad lives in Ca. too. He lives in the Garden Grove area. I do not have exact information as to their whereabouts. The father doesn't want the child but he does want her Social Security check. She hasn't lived with him for many years.
The child doesn't want to be with either of her parents. She wants me to adopt her since I have raised her most of her life. Her two sisters want me to adopt them as well, unfortuniately I can't do anything about that at this time.
If anyone has any information as to where I could start my research I would be very grateful. I live in Louisiana both parents are in California.

Thank You

 

[lsut1ger]

What parish are you in?

 

[dlynnt]

Bossier Parish

 

[dlynnt]

Many views.......Little replies.......

Please, can someone help? We are moving to Florida in about 5 or 6 months and I need to have custody before that so I can get her in school.

 

[OnlyOneVoice]

Dlynn:

Go down to the parish courthouse and request the forms to file for emergency custody based on the fact that the child has been abandoned.

This will give you some leeway in obtaining funds, school etc for her.

Also with this in hand you can present these legal documents to the Social Security Administration as proof of your possession of the child which will in turn reroute the SSI benefits to you instead of the girls bum for a dad.

After that, see assistance from someone who may be willing to handle this case probono. There may actually be a lawyer in Bosser Perish that will be willing to help the girl, and then turn around and find the dad and approach him for the fees necessary to provide the child with a legal stable environment.

Good luck!!

 

[dlynnt]

OnlyOneVoice,
I would like to thank you from the bottom of my heart for the information that you gave to me. You are the first one to be so helpful. I will go to the courthouse tomorrow. I also will post here and let you know how it turned out, that is as soon as I find something out.
Again thank you.

 

[OnlyOneVoice]

DLynn:

I'm glad I could help, but I'm really just passing on information given to me by BoxcarBill (family law attorney here on the board from Texas).

I had a similar situation with my sister-in-law and with a girl in the school where my husband is the Administrator and this was the same advice he gave me. Good luck and keep in touch. I hope it all works out.

 

[dlynnt]

OnlyOneVoice,
Well, bad news....I called the court for the parish I live in and they told me that there is no emergency custody available here. They told me to hire a lawyer. I told them that I couldn't afford one and they said I am sorry but there is nothing we can do.
We had more bad /good news today. The bad news is that my mom and I had to take my neice to the doc today for a thyroid test. She is overweight and it is very hard for her to loose weight even though she doesn't eat alot and she exercises. Naturally we thought she was hypo thyroid. Not the case here. She is hyper thyroid, but is in a group of 5% that gains weight as a hyper thyroid. Also her body is attacking her thyroid as if it were a foreign object. The doc said that she will die if she doesn't get treatment. The good news... He has started her on some medication for two weeks then she has to go on radioactive iodine treatments for awhile then back on the other medication.
As if she hasn't been through enough.......

I talked to her dads brother today and he told me that the reason that her dad wont send the custody papers back is because he wants to add a line saying that he doesn't want to have to pay child support. (What a dirt bag huh?) His brother gave me her dads phone number. I called .....no answer. I left a message telling him that I didn't want child support. I never asked him for any all the other times that he left all 3 girls with me so why would I want it now....
I called the lawyer that did the custody mandate papers and they said that they would add that clause at no extra charge. Sooooo I called her dad back and told his answering machine what the lawyer said and he still wont return my calls.....
Looks like my mom is out 150 bucks (the cost of the custody mandate papers). The lawyer wont do any more than that without alot more money.......
I don't know what to do now...

Thanks for the use of your ear ( or is that eyes in this case?)

How much more does that child have to go through before she can have a somewhat normal life???

 

[OnlyOneVoice]

DLynn:

Have you attempted to get your local Child Protective Services involved? As an abandoned child your niece may qualify for federal assistance in the form of TANF (Temporary Assistance for Needy Families) as well as medicaid and foodstamps.

However this may spark CPS to go after the dad for the funds she receives.

You can check with them on that. I know that as an abandoned child she most definately will qualify for food stamps and medicaid which will help with her medical treatment.

 

[dlynnt]

OnlyOneVoice,
She is on medicade so all medical is paid for. As for the other assistance, I called and they told me that unless I have a paper signed by a judge they can't provide any assistance. I went to the Bossier Parish food stamp office. I am at a loss as to what to do now. The S.S.A. is investigating the theft of her checks by her dad. What will come of that I do not know.
That is her money though. When she does start getting it she will get an allowance out of it then the rest will be put into a savings acct. for when she is older. That way she wont have to worry about money problems. By the time she is 21 she will have a good chunk in her savings.
I feel that as her guardian it is my job to take care of her other needs. I don't want to have to rely on welfare. To many people do that as it is. All I can do is pray about it and trust that God will point me in the right direction. I will do all I can in the meantime.
I am thinking about putting an article in our local paper ( The Shreveport Times) In their "tell the times" section. Maybe there is a Lawyer out there that will be willing to do the custody "pro-bono". Hey it would be a good tax deduction for the lawyer. I was told that it costs about $2,500.00 for that type of custody.
I am so glad that I have you to talk to about all of this. If I didn't I might have already went nuts. thank you so much.

 

[OnlyOneVoice]

DLynn:

One of the things that drew me to your post was the fact that you live in that area. I grew up on the north east border of Texas (Texarkana area) so the Shreveport area is also sort of like home. I would go to the Times and see if someone is willing to help. I'm praying for you and hopefully the SSI will be provided quickly.

Keep in touch!

 

[dlynnt]

OnlyOneVoice
I have a little bit of good news. The SSI matter has been straightened out. Her checks will start comming here. SSI is starting an investigation on the 4 months that was stolen by her dad. He may end up either having to pay it back or doing some jail time for fraud, or both. As for the custody we are still working on that.
When her first check gets here she will be given a little of that to use for girl things, the rest is going in a savings acct. in her name for when she gets older.
Thanks for the prayers