Seeking full custody of my nephew

J

Jwtinker

Guest
Jurisdiction
Alabama
I have temporary custody of my nephew and I was wondering, what are the chances of getting full custody, as well as the potential costs involved?

I have had temporary custody of him for almost 2 years now. He originally came to stay with my wife and I in March of 2014 when DHR in Tuscaloosa became involved with her sister, he was 3 years old at the time. She thought they would take him from her, so she sent him to us.She continually put him in unsafe situations as well as neglecting him, things like not changing his diaper all day, having him out all night while she drove around, leaving him to fix himself food, he was even still drinking milk from a bottle at night and had 5 cavities as a result.

The main reason she lost custody temporarily was because she went to DHR for help (she was living with an abusive man), but ended up losing him because she changed her mind about the man, but also was in jail for pushing her mother the day the courts made a decision in May 2014. She was ordered to pay $247/month in child support and to this day has not paid a dime.

My wife passed away in October 2014 and since then I have been raising him on my own. I have tried to encourage his mother because I thought it was the right thing to do, but I have come to believe that she will never be a fit mother. I feel she is incapable of self sacrifice. The courts told her she needed to get a stable place to live, a steady job, and steady transportation. For a long time she was still getting welfare by claiming that she had him and for all I know that may still be the case. She has a place to live because she moved in with a new guy that she is has been with for at least 8 months I believe, she has had a steady job for a while now, but the only vehicle she has belongs to her boyfriend which they share.

She has constantly lied to me and I really feel like most of the time she just tells me what she thinks I want to here. For a long time she was occasionally missing her weekly phone calls and biweekly visitation. She has been consistent in those things lately, but I just feel like this isn't a real priority to her; I mean, it's been over 2 years since he has been living with me.

I love this child and I look at him like a son, he has almost been with me as long as he has with her. Of course, I don't want to lose him, but I also have come to believe that it is not in his best interest to go back to her. She has no sense of responsibility, no real sense of morality, and has shown me repeatedly that I can not trust her. He is such a smart little boy and has so much potential and I just feel like she would destroy that if he went back to her.

Is there anything I can do in this situation? I don't have a lot of money, but I want him to have the best life possible and I just know that won't happen with her.
 
What did the DHR caseworker say when you asked him/her/it your question? I'd also suggest consulting with a family attorney or two in your jurisdiction. You can also contact UofA School of Law, to see if any of the 'clinics' offered to help train young attorneys might be interested.
 
They didn't say really, I forgot to mention that once they sent the issue to court, DHR stepped out of the picture and an attorney ad litem stepped in. All the attorney would tell me is that they don't deal with full custody issues.
 
You have a court order giving you temporary custody basically until it's rescinded by the court.

For the mother to get the child back she would have to petition the court and convince a judge that she is capable of raising the child properly.

You would, of course, be notified of that petition and be giving an opportunity to respond.

At this point, if the mother has not petitioned the court you might be wise to let sleeping dogs lie because if you petition the court for full custody, she will be notified and that will wake her up to the opportunity of going to court and regaining custody.
 
I have temporary custody of my nephew and I was wondering, what are the chances of getting full custody, as well as the potential costs involved?

I have had temporary custody of him for almost 2 years now. He originally came to stay with my wife and I in March of 2014 when DHR in Tuscaloosa became involved with her sister, he was 3 years old at the time. She thought they would take him from her, so she sent him to us.She continually put him in unsafe situations as well as neglecting him, things like not changing his diaper all day, having him out all night while she drove around, leaving him to fix himself food, he was even still drinking milk from a bottle at night and had 5 cavities as a result.

The main reason she lost custody temporarily was because she went to DHR for help (she was living with an abusive man), but ended up losing him because she changed her mind about the man, but also was in jail for pushing her mother the day the courts made a decision in May 2014. She was ordered to pay $247/month in child support and to this day has not paid a dime.

My wife passed away in October 2014 and since then I have been raising him on my own. I have tried to encourage his mother because I thought it was the right thing to do, but I have come to believe that she will never be a fit mother. I feel she is incapable of self sacrifice. The courts told her she needed to get a stable place to live, a steady job, and steady transportation. For a long time she was still getting welfare by claiming that she had him and for all I know that may still be the case. She has a place to live because she moved in with a new guy that she is has been with for at least 8 months I believe, she has had a steady job for a while now, but the only vehicle she has belongs to her boyfriend which they share.

She has constantly lied to me and I really feel like most of the time she just tells me what she thinks I want to here. For a long time she was occasionally missing her weekly phone calls and biweekly visitation. She has been consistent in those things lately, but I just feel like this isn't a real priority to her; I mean, it's been over 2 years since he has been living with me.

I love this child and I look at him like a son, he has almost been with me as long as he has with her. Of course, I don't want to lose him, but I also have come to believe that it is not in his best interest to go back to her. She has no sense of responsibility, no real sense of morality, and has shown me repeatedly that I can not trust her. He is such a smart little boy and has so much potential and I just feel like she would destroy that if he went back to her.

Is there anything I can do in this situation? I don't have a lot of money, but I want him to have the best life possible and I just know that won't happen with her.


Forget about custody for the next six months, maybe the next year.
Do everything to help the child adjust to the changes in his young life.
Make sure he plays, learns, and is happy.
Ensure that he sees the dentist, the physician, eats well, rests well, and plays as much as he can.
His world has been torn apart for nothing he did.
Just show him all the love you can.
It's not about you, your world was so beautiful you invited the little child into it so that he could recover and heal.

In a year or so, think about custody, but by then you'll see that custody does NOTHING for the child that you can't do with love and the guardianship you already posses.
 
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