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View Full Version : How can I help my sister get her kids back?


whitephillip64
Sep 17, 2011, 11:40 PM
My sister is 26 years old and has 2 little girls ages 5 and 4. Her soon to be ex-husband is a crack addict who also has 2 boys from a previous relationship. They have been separated for over 3 years. My sister does not do or has ever done drugs and if a person is lucky they could convince her to have a wine collar once every few years. A bit over 3 years ago my sister had a mental break down and had tried to commit suicide by taking a bunch of pills. She was placed in a mental institution for not even a week. While there my so called mother convinced her to sign over what she had believed was temporary custody to my mother so what she was led to believe that her soon to be ex-husband could not take the girls. Between the both of them they had convinced her husband to also sign the papers. My mother paid for it to go in front of a judge and all so it would be legal while she was still in the hospital. When she was released about a week later she found out that what was granted to my mother was not temporary custody but full custody. (I have seen a copy of the papers and I agree that the 2 last pages that her and her husband signed have a complete different type of type style to the letters than the pages before them 2 pages that describe the exact custody agreement.) Now during the last 2 1/2 years this is what my sister has done. She has completed all the parenting classes my so called mother told her she had to complete. She has also been attending college. She had to change her major so she could complete a degree faster to try and get a good enough job to raise her 2 girls by herself. The reason being my mother told her she has to have a full time job and a place of her own without any help before she can have custody back. There was a time she was living with her current boyfriend who owns his own home and was helping her attend college. They have been together now for over 2 years and he has 2 kids of his own. They were even thinking of marriage. My mother said no she had to do it on her own. This is all on top of her paying her child support. Oh she also does hold 2 part time jobs both taking care of elderly people at their homes.
[MOTHER]----she has a few sources of income. She receives child support for both of the girls. My grandmother lives with her to and she gets SSI which my mother is in control of cause my grandmother is not well and has to be monitored 24/7. So my mom also gets paid to watch her own mother which she does have her CNA certification so she can get paid. On top [of all this she gets food stamps and Medicaid on all three of them. She has another source of income which I will get to in a few. My mother is behind on bills yet I know she just spent over 300 for parts so I could upgrade the graphics in her computer because her game is running to slow. She is addicted to world of war craft and I mean she plays from sun up to sundown. She had someone move in who pays rent, does everything for and what need to be done for my grandmother. That's giving medications, driving to adult daycare during the week, gives breathing treatments; I mean everything to even giving a bath. My mother basically only does what she has no choice to do like if she has a doctor appointment. Now this roommate also takes care of my nieces. She cooks, cleans, gives bath, and takes to school and daycare. My mother is perfect, does it all and nobody cares about her feelings in her eyes. (Now I just moved back from Chicago and I'm on the couch so this all is by my eyes to witness). Just 2 days ago her roommate had to take me to the store and pick up my niece from school. My mother knew we were gone. We just and I do mean just turned on our road as my 5 year old niece was getting off the bus. My mother was nowhere to be seen with my niece needing to walk a block which she never and I mean never does without an adult. We got back because something told us to skip the one store. My mother was asleep knowing she was supposed to go down and meet my niece.
Her roommate now past 5 months is my sister. My mom said she needed help. She does all the above while going to collage working 2 part time jobs. She pays her child support and gives the rest to my mom for rent yet to my mom it's not enough. My sister cries all the time cause her kids have got in the habit of calling her by her real name instead of mom and calls their grandmother mom. My sister can't say nothing or my mom goes off. I tried one time and was told simply if I didn't like it get out. OK now no matter what my sister still is told she can't have the girls back till she has a full time job and her own place yet she is the one who is now taking care of them and also my grandma (which my grandma will tell you she don't want my mom doing anything for or to her.). There is a lot more to this story but this is the just. We really don't have that much cash and I do have a job lined up to starting next week but we don't know what to do. What can I do to help my sister get her kids back?

cdad
Sep 18, 2011, 04:42 AM
She needs to follow what the court orders state and then go back to court after it has been accomplished.

ScottGem
Sep 18, 2011, 07:12 AM
It would help if your sister consulted an attorney. The original court order needs to be reviewed. Your mother can't dictate the terms of restoring custody to your sister, only the court can. So what it comes down to, is your sister needs to petition the court to restore custody to her. An attorney can help her prepare the proof to present to the court that she is capable of taking care of her children again. She needs to be proactive about that. Forget about what your mother does (the gaming and other stuff), have her show what she has done to improve herself.

But since a court awarded custody to your mother, a court has to modify that custody order. Whatever conditions the mother sets are immaterial, it only matters that she satisfy any conditions the court imposes.