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What is the name of your state? TX
Heres the deal...and it's long, and just please read all before b****ing about length(thanks!)

in 1992, my mom married a man who'd already attempted to hit her, and he failed. anyways, at the time i resided with granparents in texas. later in 1992 she and her husband moved to TX, and i moved in with them. within months, her husband began beating the ****out of me. my mom, while "disagreeing" with him, did nothing to stop this. at 14, that summer, i'd skipped 2 days of summer school. instead of hollering, and grounding me or spanking me(ya i got spanked till i was 16 lol)...he repeatedly whacked the crap out of my left temple, which stayed messed up for i'd say 3 MONTHS it was near black...he did this while holding my 2 y/o sister in my arms, and since i was bending over, there was no way to really put her down w/o dropping her(not an option to me). i thought my mom knew, and didnt say anything. after a MONTH of my face being swelled up, she finally asked why "my friend decked me so hard". come to find out, he told her i'd gotten into a fight 1 of the days i'd skipped school. so i explained what REALLY happened, and she said the basic "if you touch her again i'll leave you"...the next summer, i got pregnant(yes, it was wrong etc anyways), and HE ALONE thought he was going to force me into an abortion. my mom said it was mine and her decision(my OB said it was MINE, but ok), well i told a friend, whose mom knew mine etc(small town, mom mgr of $ store thing)and that night, he took a military style belt called a watch/web belt(HARD NYLON w/metal holes and brackets on it) and beat the hell out of me. next day i told my school counselor, who called cps, who said it was "discipline", and the police said the same thing. that was tues that he did that, wed when cps was called, at around noon on wednesday i was spotting, 2am thurs i was on my back on a hosp bed getting " D&C'd"...doc even said it was due to "spontaneous abortion, normally caused by blunt trauma"(i still have the discharge pprs school asked for)...my mom watched him beat me, and said nothing. when i miscarried, she said it WASNT b/c of the "beating" it was G_D's way of saying it wasnt my time to reproduce...anyways.....over the course of a year, he repeatedly had sex with me, using the threat if i told he'd get me in more trouble saying i was lying to cover up my own misbehaviour(by this time i knew mom would belive him, she always had)when i tried to tell her, she brushed it off(3 years ago, she asked me since i f**** her husband, was i going to "DO" her b/f?!)...also after my sister was born and i was 12, i'd repeatedly gotten kicked off teams, cos i was taking my sister to practice, was missing school to watch her, b/c mom couldnt miss work, and her husband worked over nights and slept all day...

my thing now, is they are divorced(after having my brother, and me leavin home at 17-she knew it was soley b/c of him, and her never stopping him)...my sister is now 11 and brother is 8. my mom does not work a reg job(cleans houses for $100 month, and does handy man jobs w/bf-who never really seems to get paid himself).....she gets $450 something in AFDC, and section-8...in her divorce, CS was never ordered, however she retained primary custody, with them having 50/50 LEGAL, and visitation was never addressed...well, we heard a rumor that he was arrested for murder(i've posted under arrests etc in criminal law about the story)...now, she thinks since he'll be in prison, rather than seeking him to TERMINATE RIGHTS, she wants CS....she leaves them home alone LATE AT NIGHT, to go play pool tourns(never really has cash to do anything with kids, but always has that $20 fee for her to play).....her b/f has been kicked out of local bars, for being suspected of dealing drugs inside, he does drugs(i've seen him do them, and she admits it)...when i ask if she does, she laughs(long ago I took her right away to be my "MOMMY", now she's lucky, if it wasnt for the lil ones, i'd never call, b/c of my childhood, and her not caring)

i know i can take care of these kids. i dont' want my sister(who thinks its ok to sit in moms b/f lap w/legs wide open-mom gets annoyed, b/f acts like its ok) to run away and such, and my bro, wow he's the peacekeeper.....i know i can raise them WITHOUT help from her, or anyone else, or the state in any way. the area i'm about to move to, has excellent schools(fiance's daughter's schools, and his old 1's), area is nice, we dont do drugs, we both have real tax paying jobs etc....i'm afraid if something happens, someone else may take them from her...or that the father who still has "legal" rights to them(though possibly in prison, but if not)may be able to take them from her somehow...this man beat and molested me, never had anything to do with these 2, and my brother in fla, when he came for summers, and has disabilities, was cussed at smacked a few times by moms ex hub, and she never did anything. i'm worried if b/f DOES get busted she'll go with, and kids end up in foster care or with father, or something else.....is there some way, w/brothers testimony, school counselor, and my moms PAST run-ins w/cps over me(or is there a limit on how far back you can go for cps reports?), that i could possibly prove to a judge my home is more stable, has an income that DOESNT require state assistance???

i'm sorry guys that this is so incredibly long...i may have left some things out, i'm unsure...fire questions away, i've been contemplating this for about 6 months...i know if my sister was asked her "standing" on the issue, she'd want to live in my home...she knows what i went through(minus the sexual part of it)......she knows she now does what i did at her age-raised someone elses kids...i want my siblings to have a happy, and stable home, including mental, emotional and financially stable, as well as a better overall wellbeing, something my mom has never provided...now, i'm unsure why she lost custody of my brother, allegedly i told cps she did drugs, and had me and my now 19 y/o bro had same father, apparently he'd have gotten both of us.....just give me some insight. as for an atty, i'm trying to set up a consult sometime this week, with an atty here in cali(where i live), and 1 in texas, which is where they live.....
 


ceara19

Senior Member
You are not a parent to these children and therefore, it is not a question of who is MORE fit to care for the children, but rather is mom completely UNFIT to care for the children. Even IF CPS makes the determination that she IS, in fact, unfit, the children will NOT be given to you simply because the main goal of CPS is parent reunification. The children would likely be put into foster care in close physical proximity to mom.
 
E

edleslie

Guest
your sister lives where courts tell her to live untill shes 18

..i know if my sister was asked her "standing" on the issue, she'd want to live in my home...
unfortunatley, untill your sister is 18, she lives where her parents or the courts tell her to live. she doesnt get to decide.
 
who is "k"?

anyways.....i've talked to my mother, we're doing a temp guardianship after my fiance and i relocate in january, and close on our new home...it's for my sister for now...actually, if my mom also gives her approval, i'd never do anyting WITHOUT my sib's opinions, and my moms, foster care is NOT an option.....i'd never just rip them from our mom.....so actually, hell yeah she'd get an opinion...i'm not too sure i mentioned a JUDGE asking her.....i meant if my mom and i were to sit down with them, we'd all have our say, and my mom and i would figure it out, then take it to court...i suppose then it could be a simple guardian change, or a custody fight**************depends on what mood she's in at the time, and (yes this sounds petty), but the abuse she allowed me to endure, to ensure her husband left her alone.....by the way, if i were to take this to court, she'd know.....and i know about 98% she wouldnt fight it.....for personal reasons, she'd know it was best.....but hey thanks for the comments.....another forum actually gave me the steps to procede in a matter like this, with moms approval and without...so did an adoption atty i consulted in texas this afternoon.....and due to my abuse, a case study would be done to ensure nothing has happened to my sister, either by moms ex, or her current boyfriend......i'm not stupid on adoption, was just unsure about SIBLINGS, versus bio or unrelated children/disabled adults.....
 

ceara19

Senior Member
anyways.....i've talked to my mother, we're doing a temp guardianship after my fiance and i relocate in january, and close on our new home...it's for my sister for now...actually, if my mom also gives her approval, i'd never do anyting WITHOUT my sib's opinions, and my moms, foster care is NOT an option.....i'd never just rip them from our mom.....so actually, hell yeah she'd get an opinion...i'm not too sure i mentioned a JUDGE asking her.....i meant if my mom and i were to sit down with them, we'd all have our say, and my mom and i would figure it out, then take it to court...i suppose then it could be a simple guardian change, or a custody fight**************depends on what mood she's in at the time, and (yes this sounds petty), but the abuse she allowed me to endure, to ensure her husband left her alone.....by the way, if i were to take this to court, she'd know.....and i know about 98% she wouldnt fight it.....for personal reasons, she'd know it was best.....but hey thanks for the comments.....another forum actually gave me the steps to procede in a matter like this, with moms approval and without...so did an adoption atty i consulted in texas this afternoon.....and due to my abuse, a case study would be done to ensure nothing has happened to my sister, either by moms ex, or her current boyfriend......i'm not stupid on adoption, was just unsure about SIBLINGS, versus bio or unrelated children/disabled adults.....
A JUDGE will not give you custody of the children unless you can PROVE beyond a doubt that BOTH parents are completely unfit. If BOTH parents actually AGREE to let the children live with you, that's another matter.

As to getting a home study done when there is nothing more then your word that you were abused several years ago, it won't happen. I'm sure that you can find several attorneys willing to take the case because it's easy money for them. They aren't really LYING when they say it is POSSIBLE. However, it is also POSSIBLE for me to become the next Queen of England if enough people in the line of succession die. What you should be asking is what the PROBABILITY of success is. You'll find that the answers to those questions a VASTLY different.
 

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