Questions About Child Custody-LONG-Hope Someone Can Help

mira's_mommy

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My fiance and I are planning to seek custody of our niece after we get married. Let me give you some background and hopefully someone can point in the right direction as to where to begin.

Katie is 3.5 years old. Her father is my future brother-in-law. When Katie was born, her mother was 16 and her father was 19. They got married soon after her birth and they all moved in with Katie's maternal grandmother. Her parents are now separated and contemplating divorce, and Katie still lives with her mother at her grandmother's house. The house isn't actually a house, in reality it is nothing more than a tin barn heated by a wood stove with rubber garden hoses for plumbing. If that wasn't bad enough, the inside of the house looks like an episode of Hoarders, with the exception that the houses on the show are usually cleaner. Literally there is garbage 3-4 feet high everywhere you look. She did not walk until she was almost 2 because she was kept in a Pack N Play around the clock, her parents' excuse being that they were afraid she would touch the wood stove. Developmentally she is extremely behind for her age. Her 2 year old cousin is 2 inches taller than her and 5-7 pounds heavier. At first, we all assumed the difference was because her cousin is a boy, but Katie's hardly grown at all in the year that I've known her. To me, this looks like a serious failure to thrive due to lack of proper nutrition. Her father does willingly give her mother money to care for her, but from what I've seen it is not being spent on Katie. I recently went out and bought her a ton of new clothes, socks, underwear, and shoes because she had none that fit and/or weren't stained/ripped. Katie's other grandmother (my future mother-in-law) has always had Katie on the weekends since she was 9 months old but has just started a new job, so now I have Katie once a week on Saturday. And her father lives with us, but simply doesn't care to get out of bed that early in the morning to watch his own daughter. You know it's bad when your own mother lines up another babysitter for your daughter without even considering asking you first. And when she's here on Saturdays, she's lucky to even get a "hi" and a "bye" from her father. Good thing his mom asked me instead of him. Last Saturday when I had her, I found a nasty rash under her armpits and between her shoulder blades where she sweats, that she had itched bloody. That tells me that her mother isn't bathing her adequately during the week. On top of that she had a pretty severe sunburn that had blistered in places and was starting to peel. My mother-in-law usually is the only one who clips Katie's finger and toe nails (BTW, her toenails are ingrown and warped from wearing shoes that are too small) but just had shoulder surgery and has a hard time doing it, so now I do that. Her grandmother and I also cut her hair. If we don't do these things, it doesn't get done. I have not witnessed this for myself, but my mother-in-law has, that when Katie is with her mother during the week, she spends a majority of her time locked in her room. She wears diapers at home even though is potty-trained so she doesn't have an excuse to be let out. The diaper part I have seen myself, and it takes all weekend with me and her grandmother to get her back in the habit of using the toilet, just to go home and wear diapers again. She doesn't talk very well for her age at all, in fact her 2 year old cousin speaks better than she does. He also knows his numbers up to 20 and his ABCs and Katie doesn't know any of those things.

I cannot stand by and see this happen anymore. My other brother-in-law and his wife have threatened to take custody of Katie before but haven't gone through it because they know that Katie's father has enough dirt on his brother to keep that from happening, and they don't want to risk Katie ending up in foster care or possibly having their own child taken away. Even though Katie's parents obviously couldn't care less about her, we are sure that they definitely won't go down without a fight. They will try to take everyone down with them if possible just because they are young and immature and will want to try and make everyone else look as unfit as they are for the sake of their own pride. This will mean war to them, regardless of how their actions affect Katie's well-being.

My fiance and I currently live with my father-in-law and Katie's father also lives with us. We are living here because it's impossible to find an apartment to rent when you have 10 cats and 2 dogs, and my fiance's credit is all mixed up with other family members' so we can't get approved for a mortgage loan until we straighten it out (and that has turned out to be a major PITA). I am also 14 weeks pregnant. Obviously we are going to be married before we seek custody of Katie, and we want to wait until either we have our own house or Katie's father moves out because we do not want her around him, nor do we want to put stress on my father-in-law if we go for it while everyone is still living under his roof.

We keep our house exceptionally clean and because it's uber-cat-proof, it's also safe for a child. Financially, we are already contributing a great deal to Katie so I know we can afford to take her on full-time, and I am already more of a parent to her than either her mother or father could ever hope to be. The only thing that Katie's parents could possibly bring up in court that could affect their decision is the number of pets we have, but one visit to our home will prove that they are well maintained and not a danger to any child.

I became livid last week upon seeing the rashes on Katie's body and started keeping notes of everything. I am also going to get a disposable camera and start taking pictures of things like that, I know the scabs from the rash and the sunburn will still be visible this Saturday when I see her so better late than never to document that. Other than that I have no idea where to start. Do I hire a lawyer first or contact CPS first? Should I speak to her parents and let them know my intentions or just spring it on them? What course of action would best please the courts? Help!!!
 

jenwales

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Poor Katie. Contact CPS now. If she's removed from the home, you can volunteer to foster her while everything is being sorted out. It's not necessarily a quick process, but it is the best thing for Katie.
 

zoeysmom

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I would be contacting Child and Family Services now. By the sounds of it, this girl is suffering from neglect and that should be reported immediately. Even if you do not feel that this is the best time for you to take custody and fear that she might go into foster care, it is still not OK to let it continue.

Think about it this way: How will it look if you try to get custody a year or two down the road and it becomes clear that you have let the neglect continue for that long because it wasn't a good time for you? Even though you are taking care of her on weekends and doing what you can to help her out, by knowingly sending her back to that situation at the end of Saturday, you are contributing to the neglect in an indirect way.

Please don't take those comments as criticizing you because I do admire your care and intentions for this girl. And I know it can be difficult when family is involved or you feel like you can't really help at the moment (ie. it just isn't the right time!). However, I know as a teacher, I am required by law to report any suspected cases of neglect or abuse to the proper authorities. I have fortunately never had to deal with this, but from collegues I know that even though it is extremely hard to make that decision without knowing what could happen or how people may react, it is what needs to be done for the sake of the child.
 

dusty's mom

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Originally Posted by zoeysmom

I would be contacting Child and Family Services now. By the sounds of it, this girl is suffering from neglect and that should be reported immediately. Even if you do not feel that this is the best time for you to take custody and fear that she might go into foster care, it is still not OK to let it continue.

Think about it this way: How will it look if you try to get custody a year or two down the road and it becomes clear that you have let the neglect continue for that long because it wasn't a good time for you? Even though you are taking care of her on weekends and doing what you can to help her out, by knowingly sending her back to that situation at the end of Saturday, you are contributing to the neglect in an indirect way.

Please don't take those comments as criticizing you because I do admire your care and intentions for this girl. And I know it can be difficult when family is involved or you feel like you can't really help at the moment (ie. it just isn't the right time!). However, I know as a teacher, I am required by law to report any suspected cases of neglect or abuse to the proper authorities. I have fortunately never had to deal with this, but from collegues I know that even though it is extremely hard to make that decision without knowing what could happen or how people may react, it is what needs to be done for the sake of the child.
I completely agree. Report it to CPS now, not later, and let the chips fall where they may.

And if you do get a camera, a digital one will be cheaper in the long run if you're not developing and printing pictures. I just bought a Nikon Coolpix for $50 on ebay and spend another $10 for a 2G SD card that will hold over 800 pictures.
 

trouts mom

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Oh that poor baby


Some people would kill to have a child and this is how someone treats their own flesh and blood?


Report it asap.
 

mbjerkness

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You need to report this abuse and neglect. Courts will not look favorably on someone who looked the other way. By not getting the help Katie needs you are condoning it. from my experience Social workers prefer to keep children with relatives, than to put them in foster homes. Waiting until you can find another place may take a while, in the mean time Katie continues to suffer, and will only fall further behind. You need to stand up for a little one who can't stand up for herself
 

h~chan

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Wow, that's so sad. Poor girl.


I agree with everyone who has said to report it asap.
 

emrldsky

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Nuh uh...might give me away!
I also feel you should report it sooner, rather than later. Also, please please don't take this the wrong way...but what if this were an animal in need? A lot of us wouldn't hesitate to call authorities if someone were neglecting their pets, but we tend to be more hesitant when it's a child. While there is a risk that she might end up in foster care, would that be any worse than where she is now?
 
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mira's_mommy

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I get so emotional about this situation, it angers me to the point that I can't think or function. I have spoken to my fiance about it several times this week and every time I do I fall apart and start crying. I just spoke to him again, and let him know the feedback I've gotten from all of you wonderful people. He begs that we have a sit down with the entire family and give Katie's father the option to take her from her mother and have her live with us, and if he refuses, then we contact CPS. I agree that something should be done now, but my fiance doesn't want to break up his family, and if Katie ends up being taken from all of us the entire family will hate me for it, even if it is what's best for Katie. While no one is happy with her situation, no one seems to think it's bad enough to risk that. And if the conversation doesn't go well and Katie's father gets mad at us for even thinking of doing what we plan to do, then there's a good chance we will have to leave my father-in-law's with nowhere else to go. If I call now, it will have to be against my fiance's wishes.
 

p&r

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I'm SO sorry to hear she's going through all this, that poor child! In all honesty, you NEED to call CPS. When CPS becomes involved before they place the child in foster care they'll look to family first, which means you may have a chance at getting her right then and there. Once they do that they'll start proceedings and when that happens you can possibly petition the court for custody of her (especially if things are as bad as they seem and they want to remove the child, perminately). Good luck with everything and I hope that it works out for the best and Katie's given the best possible life.
 
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mira's_mommy

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Originally Posted by P&R

When CPS becomes involved before they place the child in foster care they'll look to family first, which means you may have a chance at getting her right then and there. Once they do that they'll start proceedings and when that happens you can possibly petition the court for custody of her (especially if things are as bad as they seem and they want to remove the child, perminately).
Alot of people have said this, but I also wonder, would they still place her with us, even temporarily, considering that her no good father who walked away from that place and left her there lives under the same roof? We are the only family she has that would be deemed fit and has the financial capability to take her, so if they can't place her here because of that, what happens? Could they tell her father he has to find alternate housing, or will they simply place her somewhere else?

And emrldsky, I do understand what you're saying, and you're right, it does seem easier when it's an animal. It would also be easier if it was someone else's child, whose family wasn't connected to me in any way. But in this situation there is alot at stake. I would be destroying a family no matter how things turned out. Best case scenario, Katie's father becomes alienated from the rest of his family; worst case scenario, the entire family turns on me and my fiance. It is a lose-lose for everyone except Katie, and even she would be losing out a little bit because she wouldn't see her grandmother, cousins, aunts, and uncles again.

But tomorrow I will have a conversation with my mother-in-law and then I will call CPS. Maybe I will ask Katie's mother if I can have her for a week to buy some time.
 

lsulover

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I am so very sorry that you are going through this, but you have to report this immediately. This poor child has been through enough. You can not worry about the rest of the family. If they get mad at you, then so be it. But someone has to speak for this precious little girl. It does not look like anyone in the family is going to do anything. From what I am reading everyone keeps letting this happen. And that includes everyone in the family. No one appears to be doing anything to really help this child.

I can assure you that if I though for one second my precious grandbaby was being mistreated or they were not taking care of him, he would be out of there in a heart beat. And that would mean even if I had to take him from my own daughter, I would take him, and they would never get him back. And I would tell them that I just hoped they called the cops, because the cops and CPS and whoever else could go to that home and see how that child lives.

I am not telling you what to do, but you need to do something. That precious little girl does not deserve to live like that.

Please keep us posted on what happens.
 

krazy kat2

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Yes, it is imperative that you contact the authorities about this poor child, but things being as they are, such as the living arrangements with the father and the credit situation, it may be best to contact an attorney first. That will let them know that you mean business and are willing to do whatever is necessary. I am not sure I would let the mother in on any of this, as it may give her time to run with the child, and with her being the child's mother, she may not be looked for. Asking to keep her for a week long visit is a very good idea since you will have the child with her permission, and can bring her to the attorney and possibly have them bring a cps worker to their office. That way you will not have to sneak around to do it. A letter from the mom giving permission for you to have her "just in case you may need to get her medical attention or take her somewhere like a park or zoo" if it is a longer than usual visit. It is summertime, and not unusual to go for day trips. My daughter allows my granddaughter to go places out of state with her other grandparents and always gives them documentation that they are allowed to have her. While I am certainly no expert, these are things that I have seen several of my daughter's young friends go through with their children, and I have a dear friend that just happens to be my daughter's attorney. Good luck with this, and bless you for trying to give this poor child a chance at a good life.
 
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