Ask Me Help Desk - How can I gain custody of my deceased sister's twin girls?

October 31, 2003 my baby sister passed away (heart attack in her sleep 5'10" 118lbs). She was a resident of Illinois when she passed away and I live in Indianapolis Indiana. After her passing the girls lived with me and my family (consists of my mom, my twin girls and my son). Upon a visit to Chicago in June 2004 to visit other family members for a birthday party, the girls were abducted by a former boyfriend of my sisters. We attempted with the help of the Chicago Police to have the girls returned to us;but police would not intervene when the young man claimed he was the dad. The police told us to go back to Indiana and get an attorney. Meanwhile the young man contacted a popular Father's rights lawyer and was instructed how to gain temporary custody of the girls. He received a July 2004 Court date, and we went through Legal Aid and received an October 2004 Court date in Indiana (by the by he still had the kids in Chicago). Almost four years later we are still in court with this case. My mom is the third party in this matter, originally we thought she would have the better chance being the grandmother and being able to partake of the court dates since she does not work. We've had two lawyers, and with the first one even the judge inquired as to why all the wrong motions have been filed.
I am tired of standing ildly by while my nieces continue to fall through the Legal system cracks. I am a hard working (two jobs up until 01/2007), God fearing, law abiding woman with principals and morals. I have children with goals and dreams and respectful to their elders as well as their peers. The family who has temporary custody is a family of drug dealers and common hustlers with little to no respect for anything or anybody. I KNOW LIFE'S NOT FAIR, but WHOA, this is RETARDED! By the By this young man is NOT the father, DNA TESTING AND BLOOD TESTING HAS PROVEN HIM 99.? % NOT the father. What steps can I take now? My name is not on the current case going on now, is it safe to assume the Judges (we've had four on this case) can not keep this going without rendering some sort of decision? Please ADVISE, I'm Determined!

Quote:

Originally Posted by sanriebee

October 31, 2003 my baby sister passed away (heart attack in her sleep 5'10" 118lbs). She was a resident of Illinois when she passed away and I live in Indianapolis Indiana. After her passing the girls lived with me and my family (consists of my mom, my twin girls and my son). Upon a visit to Chicago in June 2004 to visit other family members for a birthday party, the girls were abducted by a former boyfriend of my sisters. We attempted with the help of the Chicago Police to have the girls returned to us;but police would not intervene when the young man claimed he was the dad. The police told us to go back to Indiana and get an attorney. Meanwhile the young man contacted a popular Father's rights lawyer and was instructed how to gain temporary custody of the girls. He received a July 2004 Court date, and we went through Legal Aid and received an October 2004 Court date in Indiana (by the by he still had the kids in Chicago). Almost four years later we are still in court with this case. My mom is the third party in this matter, originally we thought she would have the better chance being the grandmother and being able to partake of the court dates since she does not work. We've had two lawyers, and with the first one even the judge inquired as to why all the wrong motions have been filed.
I am tired of standing ildly by while my nieces continue to fall through the Legal system cracks. I am a hard working (two jobs up until 01/2007), God fearing, law abiding woman with principals and morals. I have children with goals and dreams and respectful to their elders as well as their peers. The family who has temporary custody is a family of drug dealers and common hustlers with little to no respect for anything or anybody. I KNOW LIFE'S NOT FAIR, but WHOA, this is RETARDED! By the By this young man is NOT the father, DNA TESTING AND BLOOD TESTING HAS PROVEN HIM 99.??% NOT the father. What steps can I take now? My name is not on the current case going on now, is it safe to assume the Judges (we've had four on this case) can not keep this going without rendering some sort of decision? Please ADVISE, I'm Determined!

Any idea why he wants the girls?

Somehow I have to think there is more to this. Once the DNA test came back negative. That should have been the end of it and custody should have been returned to you.

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Originally Posted by PoliticallyCorrect

Any idea why he wants the girls?

My most sincere wishes is that it's for love and he truly wants to be the father. The reality is he dated my sister and I believe she told him at one point he was the father because she didn't want to be a single black mom. However, the reality is this boy comes from an unreputable background (drug dealing,a recipient of Social Security for mental reasons) and the relationship did not work (he was abusive and IGNORANT). Unfortunately in this day and age of money talks, and with neither of our families being financially wealthy. He is the one who was able to get his case heard first in the state of Illinois. We paid money to Legal Aid and still have not heard a judge because we don't have access to the kids. At one point we had visitation after this fiasco, but even that stopped. I kid you not it is U N B E L I E V A B L E, and no one cares. I believe the judge sees a man (especially a black male) saying I want to be the dad, and THAT'S rare in this day and age. It doesn't matter if he's unemployed or has cases pending regarding the very same thing we've spoken about. Bottom line in answer to your question my heart hopes its because of Love, I can't bare to thing of any of the many other ALTERNATIVES as to his motive(s). They're beautiful girls physically and emotionally.

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Originally Posted by ScottGem

Somehow I have to think there is more to this. Once the DNA test came back negative. that should have been the end of it and custody should have been returned to you.

The case is listed Nelzie Dixon vs Simone Brown (deceased); Barbara Brown (third party)

I don't know who you are, but I dare you to find out more about this case. The more to this is, Economically challenged black people in America (THAT Means working class poor). The drug dealer has more money opportunities than the Working Poor. This boy went to court crying that he is the dad. He has had an DNA test and an actual blood draw both tests disproving him as the father. My mother (Barbara Brown)is the representative for our family, chosen because she is the biological grandmother and because she does not work and is a care giver to her other grandchildren (3 ages 12 and 10) hoping that would be a grace with the courts. She is 54 years old, now she is not the youngest, BUT she's no Joan Rivers. I am her eldest child and a pretty decent person. My whole family is, not perfect, but decent. We have Alderman, nurses, future doctor, Administrative folk, Pastor, Firemen, a police officer by marriage, truck drivers, folk who can sing, dance, and tell lot's of jokes. What we don't have is Financial Resources big enough to hire an attorney who will care (outside of getting paid) to realistically try to help us win this thing.

Take a look around buddy, America ain't all she's cracked up to be, and whomever you are, I guess life has always popped up daisies for you. Right now, the Chicago Legal System is crapping on our heads and telling us... shhh it doesn't stink.

I hope this has helped your gracious but thoughtless comment!!

My comment was not thoughtless. We often get only half the story here. If you have a lousy lawyer get a new one. Interview lots of attornies until you find one who cares.

But the bottomline is you need to press the court to take action. You should be petitioning the court to immediately return the kids on the grounds that he is not the father. Nothing else should matter. If the courts won't do anything then go to the press.

Thanks Scott Gem, as you can see I'm feeling a little HELPless but I will continue to press the court to take action AND will Continue to try and contact different areas of the press. The ones I've contacted since this has been going on have not responded. Maybe I'll say I'm Bill Cosby's niece to get a call back. Thanks again, maybe someone will hear and respond. Have a Super day!

Quote:

Originally Posted by ScottGem

My comment was not thoughtless. We often get only half the story here. If you have a lousy lawyer get a new one. Interview lots of attornies until you find one who cares.

But the bottomline is you need to press the court to take action. You should be petitioning the court to immediately return the kids on the grounds that he is not the father. Nothing else should matter. If the courts won't do anything then go to the press.