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Home > Law > Family Law   »   getting custody

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Old Oct 25, 2009, 10:51 AM
dctbrown_4
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getting custody

My niece and nephew are being neglected. My nephew just got kicked out of kindergarten for being to hyper. They dont know anything about school. My nephew is 5 and my son just turned 6, my nephew is 2 yrs behind. He can't say his ABC's. I want to know how I can get temporary custody.

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Old Oct 26, 2009, 12:23 PM   #11  
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that's a good start. i would seriously consider calling cps at this point if you can't talk to your brother. obviously, talking to your brother and making him be more involved as a parent would be ideal. but you implied that's not going to work.

you could also look into the guidelines for filing for emergency temporary custody. but i believe that it would truly need to be an emergency for that to work. lice is bad, but i don't recall it being life threatening.
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Old Oct 26, 2009, 12:33 PM   #12  
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We think he got kicked out because of head lice. We are going tomorrow to get the papers on the real reason.
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Old Oct 26, 2009, 12:36 PM   #13  
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Is the child services report open to public?
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Old Oct 26, 2009, 12:43 PM   #14  
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Quote:
Originally Posted by dctbrown_4 View Post
Is the child services report open to public?
Generally not. But if you apply for emergency GUARDIANSHIP, you may get to see it. Again, I would NOT apply for custody. Custody is a stronger and more permanent condition than guardianship. Therefore, harder to get.

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justcurious55 agrees: thank you. i should have said guradianship too, not custody.
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Old Oct 26, 2009, 12:46 PM   #15  
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Quote:
Originally Posted by ScottGem View Post
Generally not. But if you apply for emergency GUARDIANSHIP, you may get to see it. Again, I would NOT apply for custody. Custody is a stronger and more permanent condition than guardianship. Therefore, harder to get.
Ok, thanks
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Old Oct 26, 2009, 01:29 PM   #16  
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They live in Arkansas and I live in Missouri, can I still attempt this or not?
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Old Oct 26, 2009, 01:32 PM   #17  
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Quote:
Originally Posted by dctbrown_4 View Post
We think he got kicked out because of head lice. We are going tomorrow to get the papers on the real reason.
You have no right to papers from the childs school at this time and in going to get them you could be commiting a crime.
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Old Oct 26, 2009, 01:52 PM   #18  
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Quote:
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You have no right to papers from the childs school at this time and in going to get them you could be commiting a crime.
It would be the dad getting the papers
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Old Oct 26, 2009, 02:12 PM   #19  
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do mind if i ask more about your brother trying to get custody? how long ago was it? was it before the children had lice for three years? basically what you're going to have to do to get any sort of guardianship is prove that the mother is unfit and that the children are best with you. but just because the mother is unfit doesn't necessarily mean that the father is. do you believe that if your brother had custody the children would be better off? even though he wasn't able to get custody last time, would it be worth it for him to try again?
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Old Oct 26, 2009, 02:53 PM   #20  
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It has been 2 yrs now. And no they were still married when they got the head lice, My family had moved form S. Carolina so we moved in with my mom, which they were living there, and I tried to get rid of them, I was preganant and couldn't do it all the time, so I gave up becasue they would not help me. Then we moved out. My brother is not fit to be a parent either, all he does is yell at them and make them sit down and watch tv. No interaction with them. While I was with them, I took care of the kids. When my brother sees them he doesn't even hug them or pick them up, but they love him to death. It's just sad and I can't stand it no more.
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