I have a nephew who is 5 yrs oldand since his premature birth my mother and I were the ones who stayed in the hospital with him 3 months after he was born and has raised him in our home for the past 5 years while his mother was running around drugged up. Recently my sister became involved with this pathetic person fresh out of prison and ever since he was able to recover his son from a crack house she wants to play mommy now and make my nephew stay with her. We have never had a problem with her spending time with her son or taking her son to her house but The way they speak to my nephew is just not right for 5 yr old to be listening to. They will call him a sissy, stupid and an asshole and literally scream at him at the top of their lungs. She also hits him like he is grown man..fully slapping him in his mouth if he says what his little heart feels. I need help, anyone's help right now, If someone knows what actions his grandmother and i can take to see him, it would be appreciated.
Answers:
Call the Children's Aid Society and report abuse. They will investigate and probably remove the child from the home. Then you and your mother can fight for custody of the child. Your doing the right thing and who knows what this guy is going to be like when he gets out of prison?? Your nephew will probably thank you for this. It's not fair that his life should be ruined just because there's is. Nice to see people who are concerned, fight for him he'll thank you for it.
First thing first, you have no legal right to withhold the child from it's mother. Also, your post is not clear as to the legal relationship between the man and the child.
Now, that being said, to correctly advise you I would need to know the state and preferably the city/county in which you reside.
EDITED BASED ON ADDITIONAL FACTS:
O.K. now that I know more about your situation here is what I advise. While it is not necessary to hire an attorney, it would be advantageous to your situation.
First, one of you needs to decide who will file the necessary actions. Both of you cannot be guardian.
Next, file a petition for guardianship where the mother lives. Your grounds are psychological parentage and physical abuse.
Pray the court appoint a guardian ad litum for the child. Then call CHild Protective services and file a complaint of abuse against the child.
In concert with the guardianship petition, the both parties should file for visitation, again based on the psychological parentage.
If nothing else, a petition to seek the court take jurisdiction over the child until such time as a home study and final determination can be made regarding the mother and her living conditions. In the worst case scenario, you can file for adoption and a concurrent termination of parental rights for her abandonment however, since she is not in the picture, that probably won't fly.
I would strongly suggest a consultation with a local (where she lives) family law attorney.
i would say take her to court.if she hits him like that then call the cops if u can take pics of him if he has any bruise that would work or call children's services and let them help any way u do it u need to get that kid away from your sis
Why haven't you reported this to your local agency that watches over children and their welfare? (Some places call it Department of Children and Familes but I think you get the idea.) And I would also call the police and get a record made of this.
Lets start with this...do not withhold the child from his mother. Winning a case is alot harder from jail. Contact a laywer, or if you cant afford to hire one, legal aid in your state. The courses you can take are
-Have his birthmother and Father declared unfit. If the man he lives with now is not his birth father, he has no claim over him what so ever.
-Say he should live with you beacuse you can provide him better medical attention, then prove it
-Say that living with his mom is dangerous to his health. If they smoke, you could win that in a heart beat. Even if they dont, if he was a premie then he probally has medical problems to consider.
-If all else fails, say the mother is abusive and call child protective services on her. Have the little boy testify at the trial if need be but try to avoid it at all costs.
Good luck, i hope this helps.
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