Temporary custody

J

Jay22110

Guest
Jurisdiction
Texas
I have three nieces and one nephew. The oldest is 14 youngest is 5. My sisters husband left her two years ago and she has been down a spiral ever since. She leaves my nieces home alone at least three times out of the week! She goes out Thursday to Sunday and drinks a lot! Sometimes she doesn't even come Home till the morning! The kids have a horrible attendance record at school. The father wants the kids but can't even make ends meet and the two older kids do not want to live with him and the woman he left their mother for! I need help my nieces are tired of taking care of kids who are not hers and want to stay with me and my husband. But I'm scared to go to court cause she doesn't want to live with her father. What can I do? The younger children want to be with their dad.
 
If any child is in danger, neglected for DAYS, left to fend for himself/herself, etc...

I suggest you contact the local police.

An officer will respond to investigate, child services will be called, and if you're there as a responsible, trusted, relative; you might be given emergency caretaker status.

Over time, you can end up becoming a guardian.

Even if the children aren't placed in your care, they obviously need help.

The children are being harmed because they're not being educated.
They aren't be fed properly.
They certainly aren't being loved, nurtured, and cared for properly.

Isn't it more important to know those children are being cared for, educated, cleaned, fed, and protected than you receiving custody?
 
No I completely think that they need to be care for properly, even if I don't get custody. I do feel like why should the kids suffer in having to go live with their father, they are not the ones at fault here. Then father used to be the same way when he was with my sister. My plan is to contact cps immediately. I was just wondering if there was a chance I can get the kids.
 
We don't know enough to say for sure if you will get custody, however the foster care system is usually overburdened, so CPS will certainly consider a family member.
 
Do you think I should consult a lawyer?

If the children are being neglected, how can a lawyer help them?

The police and child services will see that the children are safe, fed, clean, educated, and treated medically.

At some point, the person(s) responsible for neglecting the children will be located, investigated, and possibly prosecuted.
 
If it comes to a point where there is a custody hearing in court, then a lawyer would certainly be helpful.
 
Keep in mind that as long as the biological father can provide a stable home, the children's preference will not matter. They may not like stepmommy, but children do not get to vote on their parents' romantic partners. The fact that they do not like Dad and stepmom, or Dad used to not be a very good parent is irrelevant. Biological/legal parents always get deference. Now is Dad is unwilling/unable or agrees to let the kids live with you, that is entirely different.
 
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