My nephew, Tim, is 23 years old and found out he had a son, James, who is now 1 year of age. Here is the story of James... He was abused by his mother and her boyfriend when he was 5 months old. This abuse went on for two months. James was taken to Children's Hospital with severe burns to his throat and lips. His mothers boyfriend had beaten and had force fed boiling formula to James. For two months this baby was abused. Well the mom was just sent to prison last week and the boyfriend is awaiting trial. In October, my nephew Tim was awarded custody. Well last week Tim was arrested for grabbing the baby up and smacking his head on the wall. I called the police and Tim was arrested. I now have the baby with me. CPS has custody of James but he is residing with me for now. My husband and I want to file for full custody of James. James wakes up in the middle of the night screaming. It takes about an hour to calm him down. James is now starting to relax throughout the day, but he still has his moments, we just keep reassuring him that it will be OK. My question is, can we could get custody? Do we have to file through CPS?

You can go for custody and by the sounds of this I hope you get it, you first need to talk to the program that has custody and file through there, you will have to go to court than and fight for it, but as you are family it you have clean backgrounds you should have no problem, but still this can take a few years to finish going through