Grandparent/Family Custody Rights?

[hiitsjenna]

My sister is in a tough situation - she has been involved in an abusive relationship with the father of her child. Recently, they split up (due to him dragging the child down a flight of stairs by his hair) and she was awarded full custody while he gets overnight visits for two nights a week and has to pay her child support. The reasoning of the court for giving him overnight visits was a lack of evidence of abuse due to the fact that my sister did not report the abuse immediately after it happened. They are due back in court in April and I believe he is going to try for partial custody which will in turn, I believe, reduce his child support payments. Money is all this man cares about; he does not care about his son or my sister. There have been a few instances when, after spending the night at his father's house, my nephew came home with excrement in his underwear and wearing the same clothing as he had the day before. This man does not know how to properly care for a child, nor does my nephew want to go with him ever. Unfortunately, my sister is falling for his recent act that he is trying to change and that he actually cares about her and she will not report this to her lawyer to file a motion. She is defending her abusive ex-boyfriend because she believes that they are going to get back together. My questions is this - do my parents (the grandparents of her child) have any legal rights or options to report this with the courts? Can they possibly request custody of this child, should my sister neglect to inform the court of what is happening? Is there anything at all we can do?

 

[Proserpina]

Apparently the court does NOT see him as unfit and, as such, your sister has every right to move in with him and even marry him if she wishes to do so.

Your parents have no rights to this child at all.

IF the child is in danger, then they should be calling CPS/equivalent.

I'm confused about one thing though - why would your sister have to inform the court that she and Dad are getting back together?

What would her lawyer be filing?

 

[hiitsjenna]

Thanks for your response, I appreciate the advice.

My parents currently have a lawyer retained for the custody case, etc. My parents spoke with the lawyer about the child coming home from the overnight visits with his father with excrement and urine all over his underwear and bottom. He also brings him home in the same clothing as the day before when he was dropped off to him. He also does not have a bed or crib (he is 4 years old) to sleep in. The child sleeps in the same bed with the father.

The lawyer told my parents that a motion could be filed with the courts to cease the overnight visits, at least until the next court date in April. My sister, however, as she is beginning to now defend him because she is hoping they may get back together will not go ahead with speaking to the lawyer and having the motion filed. The situation is just sad to me, as he was abusive to both she and the child. Despite the court not seeing him as unfit, I do not doubt that he is. I just believe that there was not enough evidence of abuse. I have known several women who stayed in abusive relationships and defended their partner's actions and it's driving me crazy to see it happening now to my sister.

At this point, however, my main concern is for my nephew. I do not believe that this man has the capability to care for him, nor does he truly want to. He is only concerned with paying less child support to her which is why I believe he is trying to win her back over and go for joint custody. I fear that even if my sister goes back to him and they move back in together, the abuse will continue and something awful will happen to my nephew.

Is there anything at all we can legally do to stop this from happening? The entire family has tried talking sense into her but it is of no use.

Thanks again.

 

[Proserpina]

Please clarify:

Your PARENTS have filed for custody and have retained an attorney?

Or your parents are paying an attorney to act on your sister's behalf in HER custody matter?

 

[hiitsjenna]

My parents are paying an attorney to act on my sister's behalf in her custody matter as she cannot afford one on her own.

 

[Proserpina]

Thank you for clarifying that.

Your grandparents do not have standing to sue for custody at this time.

Again, if the child is being neglected or abused, then child services should be involved.

 

[bluemann33]

Has the boy ever said anything about being abused while at his fathers house? Pros hit it on the head about calling cps if abuse is believed to be taking place. Hope your sis wises up if abuse is going on. Good luck.