How to gain sibling custody

[yankeedee]

The state that I reside in is North Carolina but my brothers (2) live in Ohio. So Ohio is where the case would take place. My mother has been abusing drugs since I was a child, I'm 24 now. I left at 17 to get away from that and now that I am stable in life I want to take my brothers from that situation. I've been contacted by one of the fathers saying he would sign over his parental rights to me and pay child support to me for his son, he just doesn't want to pay my mom if she's using it for drugs. Since I am not physically there I have no proof that she is still using but I have an extremely hard time believing that she's stopped.
Since I live in NC, what should I do? The courts in Ohio said I need to petition for each child and if I file as an emergency I would be able to speak to a magistrate and be granted a quicker court date. I know my mother will come to court saying that it's her "headaches" that keep her bed ridden to the point of unemployment. She's been claiming that but I know she's lying. She won't admit it and it's just my word against hers. She's been on suboxone for at least 6 years. I know for a fact she still does that. Which leads me to believe she definitely has not stopped using because I remember when she would go and steal hers and sell get for money to get real dope. I guess my question is, how do I do this? Should I hire a lawyer? I have a Go Fund Me so I'm in the process of fundraising for all of this since I'll need to actually take a trip up there. I was essentially their caretaker when I lived there so I have relationships with all their old doctors/teachers/etc. Will that help me? Would kind of evidence do I need? Any advice is much appreciated because I really feel like I'm underwater here.

 

[Zigner]

I'm going to be very blunt here: There is no way you're going to be able to snatch these kids away from their mother and take them out of state based on what you've said here. You left over 5 years ago and have no idea of what the current situation is, and no proof of what the prior situation was (not that it matters.) Furthermore, you have no evidence of any type of emergency, so there's no way you'll be granted an emergency hearing.

 

[Ohiogal]

I'm going to be very blunt here: There is no way you're going to be able to snatch these kids away from their mother and take them out of state based on what you've said here. You left over 5 years ago and have no idea of what the current situation is, and no proof of what the prior situation was (not that it matters.) Furthermore, you have no evidence of any type of emergency, so there's no way you'll be granted an emergency hearing.

Actually you are not correct about the emergency hearing. She might depending on the county and where she is filing (juvenile or domestic). She might get an emergency hearing upon filing the motion but that doesn't mean she will win the emergency hearing. She would also have to prove legally that all parents (mother and all fathers) are unsuitable currently.

OP, you don't mention but was your mother married to any of the fathers? Did she divorce any of the fathers? Are there any court proceedings concerning these children in Ohio?

 

[yankeedee]

She was married to the one I've been in contact with. They were married for about two years back in 2007 or so. They were divorced in Portage County in Northeast Ohio. She now resides in Summit County, northeast Ohio. The other father is not allowed to be within a certain distance to my mother or my brother because he has a very violent past and has tried to kill her when I was younger. He did however harass my brother (his child) on facebook last year out of the blue. He ended up leaving my brother alone and I'm not sure if my mother took any action with that. She's also had previous child support cases with both fathers. She has also given up her parental rights of my younger sister when I was 14 and she was 12, I'm not sure if that info helps or hurts.

 

[Zigner]

Actually you are not correct about the emergency hearing. She might depending on the county and where she is filing (juvenile or domestic). She might get an emergency hearing upon filing the motion but that doesn't mean she will win the emergency hearing. She would also have to prove legally that all parents (mother and all fathers) are unsuitable currently.

Fair enough.

 

[Ohiogal]

She was married to the one I've been in contact with. They were married for about two years back in 2007 or so. They were divorced in Portage County in Northeast Ohio. She now resides in Summit County, northeast Ohio. The other father is not allowed to be within a certain distance to my mother or my brother because he has a very violent past and has tried to kill her when I was younger. He did however harass my brother (his child) on facebook last year out of the blue. He ended up leaving my brother alone and I'm not sure if my mother took any action with that. She's also had previous child support cases with both fathers. She has also given up her parental rights of my younger sister when I was 14 and she was 12, I'm not sure if that info helps or hurts.

Then Portage County has jurisdiction over the one with whom whose father you have been in contact. And Summit County juvenile most likely has jurisdiction over the other child. In Summit County, if you file the proper paperwork, you will get an emergency hearing immediately though it may not be granted and then the next day, juvenile court will have you brought back after you serve all possible parties for a shelter care hearing. You will also be required to have a GAL on both cases.

Now if CSB has opened a case where Mother lives then all that changes. And what do you mean that she gave up her parental rights to your younger sister? Be specific.

 

[yankeedee]

Then Portage County has jurisdiction over the one with whom whose father you have been in contact. And Summit County juvenile most likely has jurisdiction over the other child. In Summit County, if you file the proper paperwork, you will get an emergency hearing immediately though it may not be granted and then the next day, juvenile court will have you brought back after you serve all possible parties for a shelter care hearing. You will also be required to have a GAL on both cases.

Now if CSB has opened a case where Mother lives then all that changes. And what do you mean that she gave up her parental rights to your younger sister? Be specific.

When Alexis was born, she two years younger than me and my mother's second child. I am her first. She had custody of both of us then she had Jackson, my brother. After the delivery she was very shaken by the news of my brother's disability and asked Alexis's father to take her temporarily. Well he ended up filing for custody and they agreed on a bi weekly visitation schedule. When I was 14 we moved to MD when me then 12 year old sister claimed she wanted to live with us. Then when she changed her mind and told the judge how my mom would leave every night to go party or disappear for days with only me watching them, they ordered my mother to take a parenting class or give up her parental rights. So she gave them up. But instead of telling me this, she lied and told me that my sister was telling the judge that my mom asked her to lie and say her father was sexually molesting her for the case. My sister and I only just started speaking again in the last six months and that's when I found out about the parenting class order.

 

[Ohiogal]

When Alexis was born, she two years younger than me and my mother's second child. I am her first. She had custody of both of us then she had Jackson, my brother. After the delivery she was very shaken by the news of my brother's disability and asked Alexis's father to take her temporarily. Well he ended up filing for custody and they agreed on a bi weekly visitation schedule. When I was 14 we moved to MD when me then 12 year old sister claimed she wanted to live with us. Then when she changed her mind and told the judge how my mom would leave every night to go party or disappear for days with only me watching them, they ordered my mother to take a parenting class or give up her parental rights. So she gave them up. But instead of telling me this, she lied and told me that my sister was telling the judge that my mom asked her to lie and say her father was sexually molesting her for the case. My sister and I only just started speaking again in the last six months and that's when I found out about the parenting class order.

Wrong. She still has her parental rights. She just didn't have visitation. The only way her parental rights are gone is if her father was remarried and his wife adopted her. Which would mean she is not legally your sister anymore.

 

[yankeedee]

I've been told by others to call CPS and request a wellness check but I'm afraid of what will happen if I were to do that and can't make the trip immediately up there.

 

[Zigner]

I've been told by others to call CPS and request a wellness check but I'm afraid of what will happen if I were to do that and can't make the trip immediately up there.

What that translates to is that you really aren't concerned about the safety of the child(ren).

 

[yankeedee]

What that translates to is I don't want my brothers, one of which who cannot even speak, to become a ward of the state if I am correct about the conditions. Anything can happen to them at that point and I don't want them to be separated either. If I'm even an hour or day behind than what CPS needs there's no telling what can happen during that time.

 

[Zigner]

What that translates to is I don't want my brothers, one of which who cannot even speak, to become a ward of the state if I am correct about the conditions. Anything can happen to them at that point and I don't want them to be separated either. If I'm even an hour or day behind than what CPS needs there's no telling what can happen during that time.

What I am saying is that if you were truly concerned about the well-being of the children then you would contact the authorities ASAP and then deal with the placement concerns (if any) at a later point. At this time, it seems that you are more concerned about your own wishes than with the well-being of the children.

Did you mention how old the two children were?

 

[Ohiogal]

I've been told by others to call CPS and request a wellness check but I'm afraid of what will happen if I were to do that and can't make the trip immediately up there.

CPS is NOT going to do a wellness check. The police will. But CSB will not.

 

[Ohiogal]

What that translates to is I don't want my brothers, one of which who cannot even speak, to become a ward of the state if I am correct about the conditions. Anything can happen to them at that point and I don't want them to be separated either. If I'm even an hour or day behind than what CPS needs there's no telling what can happen during that time.

If you care about the children then you would want CSB involved if she is in Summit County. And if CSB is involved then you would have to complete an ICPC (takes six months approximately) in order to get custody. But this has to be about THEIR safety over your wants. Is it?

 

[Zigner]

yankeedee -

This is just informational: Ohiogal is a site-vetted, experienced family law attorney and GAL in Ohio. She has extensive experience with Children Services.