Advice on getting custody of my nephew.

[AuntieMeggie]

I will give as much information as I possibly can. I am 21 years old. I am a CNA. I work full time. I do however still live at home with my parents. I have a 6 year old nephew through my sister. My sister gave her rights up to his dad 3 years ago. However, we have been getting him every week, basically 4-5 days a week, if not more. He usually goes to his mothers on weekends, if not then he stays with us till Sunday, then comes back usually Monday or Tuesday. His dad works, and goes to school. (Note he just started school, so he didn't always go.) So he is busy, but he hardly see's him. He never calls to check on him. My nephew would rather stay here with us. Now here's the problem. My nephew started to not feel good the other day. Yesterday he came home from school crying that his throat hurt. It does look a little swollen. We think it might be strep. He has a fever, (Not that high) but still has one. I called the doctors to make an appointment today, then called his dad to inform him I will be taking him to the doctors, and that he wont be going to school today because of it. His dad then told me that he might not have insurance. He said they sent him papers back in MARCH saying that if he didn't send in forms to renew it, he would be dropped and have no insurance. Well, I called and found it he don't have it. I called my nephew's dad back and told him he don't have it, and that I wouldn't be able to take him in to the doctors. His dad then goes on to say that back in March he couldn't send in the forms because he needed my nephews mom's information, and said she wasn't around, thats when she went into a shelter. (That's a whole different story, but it was a domestic shelter, not against my nephews dad) Well I can say that is a complete lie because my sister gave birth to my Niece at the end of March, and was still around here for another month before going into the shelter. Last time my nephew's insurance got dropped we had to keep telling him to go down to FIA to get insurance...So on.. He told me today that he don't have time to go do that. Basically blaming my sister. What I'm trying to get at is, is there any possible way I could get legal custody of my nephew? My parents and I do everything for him. Feed him, cloth him, Take him to school, park, help with his homework, Everything. Like I said we get him basically every week. I am asking for me, because right now my mom lost her job, and my dad is on disability due to being really sick. I however, do have a full time job. My job is VERY flexible. I work home health, so I go see patients at their home. If I had him, I would make sure he would have insurance. It just don't seem like he cares much. I am not saying he don't love my nephew, but it just don't seem like he cares as much. He has another son as well. My other nephew, who is 4, and he don't ever see him, talk to him. I can count on one hand the amount of times he actually picked him up. My nephew does love his dad, but if it was up to him it would stay here with us. I just want the best for him. I don't want to go and ask him, because he does hold all rights to my nephew, and if he wanted he could take him away from us and that would be it. He's my world, has been since he was born. I would do anything for him, and I can't let that happen, but I can't let him go on living like with. Just thought I would seek advice from others. Thanks in advance.

 

[army judge]

I will give as much information as I possibly can. I am 21 years old. I am a CNA. I work full time. I do however still live at home with my parents. I have a 6 year old nephew through my sister. My sister gave her rights up to his dad 3 years ago. However, we have been getting him every week, basically 4-5 days a week, if not more. He usually goes to his mothers on weekends, if not then he stays with us till Sunday, then comes back usually Monday or Tuesday. His dad works, and goes to school. (Note he just started school, so he didn't always go.) So he is busy, but he hardly see's him. He never calls to check on him. My nephew would rather stay here with us. Now here's the problem. My nephew started to not feel good the other day. Yesterday he came home from school crying that his throat hurt. It does look a little swollen. We think it might be strep. He has a fever, (Not that high) but still has one. I called the doctors to make an appointment today, then called his dad to inform him I will be taking him to the doctors, and that he wont be going to school today because of it. His dad then told me that he might not have insurance. He said they sent him papers back in MARCH saying that if he didn't send in forms to renew it, he would be dropped and have no insurance. Well, I called and found it he don't have it. I called my nephew's dad back and told him he don't have it, and that I wouldn't be able to take him in to the doctors. His dad then goes on to say that back in March he couldn't send in the forms because he needed my nephews mom's information, and said she wasn't around, thats when she went into a shelter. (That's a whole different story, but it was a domestic shelter, not against my nephews dad) Well I can say that is a complete lie because my sister gave birth to my Niece at the end of March, and was still around here for another month before going into the shelter. Last time my nephew's insurance got dropped we had to keep telling him to go down to FIA to get insurance...So on.. He told me today that he don't have time to go do that. Basically blaming my sister. What I'm trying to get at is, is there any possible way I could get legal custody of my nephew? My parents and I do everything for him. Feed him, cloth him, Take him to school, park, help with his homework, Everything. Like I said we get him basically every week. I am asking for me, because right now my mom lost her job, and my dad is on disability due to being really sick. I however, do have a full time job. My job is VERY flexible. I work home health, so I go see patients at their home. If I had him, I would make sure he would have insurance. It just don't seem like he cares much. I am not saying he don't love my nephew, but it just don't seem like he cares as much. He has another son as well. My other nephew, who is 4, and he don't ever see him, talk to him. I can count on one hand the amount of times he actually picked him up. My nephew does love his dad, but if it was up to him it would stay here with us. I just want the best for him. I don't want to go and ask him, because he does hold all rights to my nephew, and if he wanted he could take him away from us and that would be it. He's my world, has been since he was born. I would do anything for him, and I can't let that happen, but I can't let him go on living like with. Just thought I would seek advice from others. Thanks in advance.

You have a big, loving heart.
God bless you.
I hope I don't break it.
Getting you custody of the little lad would be almost impossible.
However, not entirely impossible.

His grandparents come before you.

But, in certain emergency circumstances, you might be able to get emergency custody.

It seems as if the lad's mom and dad are poor parents. The fact that he has strep and can't get care, IS a medical emergency, of sorts.

Why not speak with the Red Cross, Salvation Army, state child care agency or local social services office and see what they say.

Think about it, long and hard.

It could backfire and they take the child away from all of you.

Whatever you do, get medical help. Strep is a very dangerous and painful infection, and it can be very deleterious to the overall health of the child, if left untreated.

 

[Proserpina]

I had untreated strep as a child, which eventually led to rheumatic fever.

Even now I have to have regular echocardiograms, and I must take prophylactic antibiotics even when I get my teeth cleaned at the dentist.

GET THE CHILD SOME MEDICAL HELP!!!!

 

[daniellenicole]

Thats not true.It depends on who files the papers.I know someone who has been threw it.You need to go file for guardianship of the little boy.And the dad and mom would have to be served and if they contest it then you won't get him.But if they don't then you will get him.Good luck.Well actually if the parents can't prove they can't provide for him then you will look favorable.Good luck.

You have a big, loving heart.
God bless you.
I hope I don't break it.
Getting you custody of the little lad would be almost impossible.
However, not entirely impossible.

His grandparents come before you.

But, in certain emergency circumstances, you might be able to get emergency custody.

It seems as if the lad's mom and dad are poor parents. The fact that he has strep and can't get care, IS a medical emergency, of sorts.

Why not speak with the Red Cross, Salvation Army, state child care agency or local social services office and see what they say.

Think about it, long and hard.

It could backfire and they take the child away from all of you.

Whatever you do, get medical help. Strep is a very dangerous and painful infection, and it can be very deleterious to the overall health of the child, if left untreated.

 

[daniellenicole]

Also,take him to the ER and have his parents billed if you can.

 

[Proserpina]

Thats not true.It depends on who files the papers.I know someone who has been threw it.You need to go file for guardianship of the little boy.And the dad and mom would have to be served and if they contest it then you won't get him.But if they don't then you will get him.Good luck.Well actually if the parents can't prove they can't provide for him then you will look favorable.Good luck.

This is incorrect. OP doesn't even have standing at the moment.

Unless CPS is involved, the parents NEVER have to prove anything against a third party suit; the burden of proof is on the third party to prove BOTH of them are unfit. The parents don't have to defend one single thing.

 

[army judge]

This is incorrect. OP doesn't even have standing at the moment.

Unless CPS is involved, the parents NEVER have to prove anything against a third party suit; the burden of proof is on the third party to prove BOTH of them are unfit. The parents don't have to defend one single thing.

Exactly correct, and even if a state child protection agency or the police are involved, the state must prove what they've charged in the USA.

A defendant in a criminal proceeding need never do or say anything. The charging party (the government) has the burden of proof. That's even true for allegedly, neglectful, brutal, parents.