How easy is it for an aunt to file for child custody?

Question

I want temporary custody of my 2 yr. old nephew. My sister has 5 kids and lives in a 2 bedroom apartment with herself and my younger brother. She doesn't have a job and she can barely pay rent monthly, unless one of her exes does it for her. Every time I pick up my nephew for the weekend, he always has bumps on his head. Bruises on cuts all over him. One time, his hair was all cut up because she said her other son got a hold of scissors. She made a joke of it. I was not amused one bit.

This weekend was the last straw. I saw him and he had two bumps and bruises on both sides of his forehead. He had two bad scrapes and his nose was bloody and scraped up. I asked what happened and was told that he fell off one of the older kids bikes. She was inside the house. She doesn't watch him at all. I'm not trying to take him away completely, I just want him safe. He's not safe there, not at all. Where can I find information to file for temporary custody, until she can take care of him properly.

Answer 1

I agree that stuff is inexcusable. However, it is not worthy of losing kids over. No laws were broke, no abuse is proven.

you have no case.

they may be in poverty, may have a lazy mother, but still not worthy of losing children.

Besides, you only want 1 kid? A judge will find that really sad and horrific on your part. Choosing one child to give a "better" life too while making the others suffer... awful.

anyway, there is no law against poverty or falling off bikes. you can not prove neglect, abuse or anything...

Answer 2

It really depends on how serious you are. But with the info you wrote you have a huge % of wining. I strongly suggest you take pics of these bruises and ect. With out that you wont get anywhere. Trust me on that. It might take a lot to win the judge but if you have enough to prove the mother "unfit". That judge wont think twice. I dont know this womens past history but i rather be safe then sorry, you should take full custody of him. What ever you decide avoid foster care. they will probably suggest that intill the mother inproves. And from past exsperience that can end up bad for the child. PLEASE TAKE PICS OF THE MARKS. very imporatant if you want to do this. Sorry i cant help with the other question of where to get the papers to do this. im not possitive so i wont say

Answer 3

1st I wonder of he is the only one of her children that is your blood family because you dont seem concerned about taking the other children to safty. I mean they all are your neices/nephews right? Call the child protection agency in your ara. first they will evaluate the situation. You can report it anomuslly. Then if they decide its unsafe they will take the kids into custody. (foster care) or your sister will chose a family member to care for them while she trys to make herself fit. During all this time you can patition for them through the system.

Answer 4

Unfortunately you will have to prove that she is unfit, if she does not agree to it, which means you will have to build a case against her.. you will have to report these incidents as they occur and perhaps involve child protective services...

maybe you should sit down and have a talk with her before you do these things...

Answer 5

you can file with the courthouse and see. doesn't mean you'll get it

Answer 6

I would call Child Protective Services. How bad are you going to feel if something really bad happens to him?

Answer 7

call your local authorities and ask about child welfare!

they'l be able to give you contact numbers.

but be warned there will probably be an investigation and if they find the situation unsafe there's no 100% change you'll get him!

so ask questions (ask for information) first, before you tell them about your sister!

good luck! x

Answer 8

Theres 2 ways here.One call Child Protective Services.That will involve all the children this way.If taken away from your sister they want to place kids with family members first.Second is to get a lawyer and file as any parent would and try to prove her unfit.

Answer 9

You can file with the DSS in your community.  Go to the Welfare Office to find out the information.  You need to understand if she protests you need to prove she is an unfit mother and it is not something that is easy to do and will cause problems between the two of you.  The things you are saying may not constitute her as an unfit mother just normal injuries among children.  Also, you risk not having any contact with him if she becomes angry.  Since you are a safe haven for him he will lose this completely if she does.  See if there is a way this can be checked first without her knowing it is coming from you in case she is not deemed unfit.

Answer 10

Probably the same easy it is for an single parent trying to get custody.