OHRoadwarrior
Senior Member
What is the name of your state (only U.S. law)? Ohio
Fresh Meat!!!
Thank You in advance for any assistance.
I am getting ready to stick my nose into a custody situation that I have successfully avoided for several years, because it was not something I could have an appreciable effect on until now. Children Services recently removed 5 children from the home and are meeting later this week to determine re-unification plans. 2 of the 5 are over age 10. Of the 3 under, two are grandchildren to my sister and nieces/nephews to my niece.
Currently, based on the deplorable conditions of the home, CSB sent the 3 older kids to my sister and 2 younger kids to my nieces. Their original intent was to permanently remove them all, however, people stepped up, went over to help them clean and throw out rotting clothes, trash and animal waste. The only real objection CSB still seems to have are the numerous little black bugs running free everywhere, though the house is still being heated via the electric stove.
The CSB caseworker and I both were highly surprised at how well everything appeared to straighten up for the kids, living down the street from their mom and dad/sig.other. It is my understanding if the parent(s) do get the kids back, they will be under regular visits for a long time. If the situation appears again, it is my understanding CSB will totally support custody being given to my sister and niece, should it go to court.
I must confess to being an idiot in this venue. I know courts almost always favor the parent unless CSB wishes otherwise. My problems are 1. I don't understand what process needs to be carried out, for my sister n niece to get total custody and 2. How likely are they to be successful.
The kids are distributed as follows...
My sister has the two oldest girls, 10 and 13. They are not blood relatives, and one blood relative 3. My niece has two boys 2 and 5, one is a blood relative the other is not. No one else, aside from their mother and father/sig.other, wants any of them.
I know the first step is an Ex Parte Motion, at the time CSB gives its blessing. My understanding is the judge will probably allow them to go back again from this motion/order, with stricter CSB requirements. My further understanding is CSB will yank them again if the tighter requirements are not kept up. Does the yanking back occurs within the window of the ExParte Order, or is the order cancelled at the time they are given another chance?
If they are yanked, subsequent to the time of the ex parte order, will the judge automatically grant full custody to my sister and niece? Will this require further court filings?
When discussing this, I mentioned that I thought the mother n father/sig.other might just let the kids go uncontested, as they recently acquired a viable source of support, aside from govt assistance for the kids. Another actively involved party agreed with that assessment.
Help, thoughts, suggestions, procedures appreciated.
I don't have a dog in this fight, aside from the fact that I will be footing the legal bill and have seen the deplorable conditions the kids have been living in for over a year personally. I believe they have much better homes to go to in this case, even though the income level is lateral.What is the name of your state (only U.S. law)?
Fresh Meat!!!
Thank You in advance for any assistance.
I am getting ready to stick my nose into a custody situation that I have successfully avoided for several years, because it was not something I could have an appreciable effect on until now. Children Services recently removed 5 children from the home and are meeting later this week to determine re-unification plans. 2 of the 5 are over age 10. Of the 3 under, two are grandchildren to my sister and nieces/nephews to my niece.
Currently, based on the deplorable conditions of the home, CSB sent the 3 older kids to my sister and 2 younger kids to my nieces. Their original intent was to permanently remove them all, however, people stepped up, went over to help them clean and throw out rotting clothes, trash and animal waste. The only real objection CSB still seems to have are the numerous little black bugs running free everywhere, though the house is still being heated via the electric stove.
The CSB caseworker and I both were highly surprised at how well everything appeared to straighten up for the kids, living down the street from their mom and dad/sig.other. It is my understanding if the parent(s) do get the kids back, they will be under regular visits for a long time. If the situation appears again, it is my understanding CSB will totally support custody being given to my sister and niece, should it go to court.
I must confess to being an idiot in this venue. I know courts almost always favor the parent unless CSB wishes otherwise. My problems are 1. I don't understand what process needs to be carried out, for my sister n niece to get total custody and 2. How likely are they to be successful.
The kids are distributed as follows...
My sister has the two oldest girls, 10 and 13. They are not blood relatives, and one blood relative 3. My niece has two boys 2 and 5, one is a blood relative the other is not. No one else, aside from their mother and father/sig.other, wants any of them.
I know the first step is an Ex Parte Motion, at the time CSB gives its blessing. My understanding is the judge will probably allow them to go back again from this motion/order, with stricter CSB requirements. My further understanding is CSB will yank them again if the tighter requirements are not kept up. Does the yanking back occurs within the window of the ExParte Order, or is the order cancelled at the time they are given another chance?
If they are yanked, subsequent to the time of the ex parte order, will the judge automatically grant full custody to my sister and niece? Will this require further court filings?
When discussing this, I mentioned that I thought the mother n father/sig.other might just let the kids go uncontested, as they recently acquired a viable source of support, aside from govt assistance for the kids. Another actively involved party agreed with that assessment.
Help, thoughts, suggestions, procedures appreciated.
I don't have a dog in this fight, aside from the fact that I will be footing the legal bill and have seen the deplorable conditions the kids have been living in for over a year personally. I believe they have much better homes to go to in this case, even though the income level is lateral.What is the name of your state (only U.S. law)?