Child Custody

[regina3]

How do I prove neglect/emotional abuse to the courts?

My 2 nephew's age 4 and 6 live with my sister, their mother is deceased.
The boy's father was not fit and he gave custody to my sister 5 yrs ago for my 3 nephews. In 2009 the school called CPS 2x. For the 5 yr old, he was also beaten badly by our brother with a belt. I immediately filed for custody. The Judge said I had to call CPS.The CPS worker later informed me that the Judge would not break up a family and I would probably loose. Due to her response I did not refile after the 60 day waiting period, my heart has ached ever since. My sister gave me full custody of the 14 yr old because she no longer wanted him. She does drugs openly in the house, at times there is no food. She yells all the time and the kids have poor hygiene. She has 2 kids of her own, I have none. The 5 yr old is acting up again and says he miss his mom. The Judge said they should go to counseling and my sister have yet to attend with the kids.
Do I call CPS before I file for custody of the 4 and 5 yr old?

 

[Duranie]

How do you know what is going on in the house? Do you see the kids? If there is no food in the house and you can prove the kids are being neglected, call CPS but they may not do much if there is no proof.

You are in a tough spot. First of all stop listeninfg to CPS when they tell you you will probably lose. By the way where is this brother that beat the 5 yr old?

If you have one of the older siblings, you have a chance of getting the other 2 but you need to prove your sister is not fit. Please at least talk to a family law attorney next week to see what they recommend.

 

[regina3]

My brother that beat my nephew has moved out of state.
CPS did an investigation and they came by the house once every 2 weeks some weeks she skipped. I later found out that the 5 yr olds school called CPS on 2 separate occasions. CPS also tested my sister for drugs and believe me they found it in her system. My sister no longer let me see the boys or take them out. The kids have told me there are times when they have no food. Even the 14 yr old states this.

 

[Duranie]

Please talk to an attorney. Does the 14 yr old have any visitation at all with his other siblings? It does not appear here that CPS is doing much. You can certainly call them and ask them to do a welfare check.