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-   -   Want to take custody of my 5yr old niece (https://www.askmehelpdesk.com/showthread.php?t=91493)

  • May 11, 2007, 06:19 AM
    Tanya_E
    Want to take custody of my 5yr old niece
    Hi everyone, my name is Tanya, I'm 21 yrs old, single and in the military.
    I want to take custody of my 5 yr old niece and also find a good place for her sisters 17 month old twins. Their mother uses drugs and does not take care of them like she's supposed to. My brother who's her father is going to jail soon and he wants to sign over custody to me. The child protective services guy told my brother there's nothing me and him could do because he's going to jail anyway. We asked if he or someone can take the girls to the hospital because we suspect someone is doing something to one of them, sexually. My brother tried taking them and the mother would not let him. The CPS guy said no they are fine, I already went to the house to see them.
    I really really need help what can I do?
  • May 11, 2007, 06:22 AM
    ScottGem
    The only thing you can do is pester CPS to monitor the situation. Unless they can prove abuse, they are not going to take the kids away.
  • May 11, 2007, 06:44 AM
    talaniman
    Cps has to have evidence to take to court and if they find none they will do nothing. Do you have evidence of what your saying? If so you need to turn it over to them.
  • May 11, 2007, 08:44 AM
    Tanya_E
    Well CPS is not helping at all... We asked over and over to take the girls to the hospital and have them checked in case something did happen to them and CPS said no. So that there shows me they're definitely not doing there job. Also the bad thing was, she knew CPS was coming. But I just called a lawyer and said he would help me out. So I guess I shall just wait now.
  • May 11, 2007, 09:26 AM
    ScottGem
    Well here's the thing. I have to ask what proofs you have of your claims. Obviously its not enough to convince CPS. Maybe your brother is telling tales.

    CPS cannot act without evidence. They can start an investigation, but if that investigation doesn't turn up anything to justify further action, then nothing is going to happen. Unless your CPS is totally incompetent, I have to assume there is more to this on the mother's side of the story.
  • May 14, 2007, 07:12 AM
    Tanya_E
    Yeah, I already have a lawyer working on the case and from what he's told me CPS is not doing there job and a complaint will be filed against that social worker.
    I really doubt my brother would make this up, also I don't think he would make up a story of someone molesting one of his little girls. So like I said the mother will not let us take them to the hospital to get them checked out so what do we do about that. Is she hiding something? I don't know. The mother already has a case pending for drug use.
  • May 14, 2007, 07:52 AM
    ScottGem
    If the mother won't let you take gthe kids to the hospital and you don't have visitation rights where you can take them, then you have to work through CPS. You have to get a court to compel testing and they will only do so if CPS recommends it.

    So complain to the social worker's supv or up the line. Get her replaced and get someone on the job who believes you.

    I notice though that you didn't answer my question about what evidence you have. Sounds like you have none, which will make this harder.
  • May 14, 2007, 08:04 AM
    Tanya_E
    Ok I will try to go through a different social worker/superviso to take them to the hospital. I understand it'll be harder because the only evidence we have is that she's already has a drug use case pending. And we only have my brother as a witness.
  • May 14, 2007, 08:05 AM
    ScottGem
    That could be why the other social worker didn't pursue it. All she had was the word of a parent with a vested interest.
  • May 14, 2007, 08:14 AM
    Tanya_E
    Understandable, I've heard of a lot of cases where people are lying. I guess all we need to do is get her drug tested and have a doctor check the little girls. Also try to get more evidence any way we can. Thanks for everything.

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