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    Dlady's Avatar
    Dlady Posts: 8, Reputation: 1
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    #1

    Jun 11, 2008, 08:57 PM
    Rights for Aunts and Uncles
    I am new here and I am in desperate need of help for my nephew. My husband and I have been taking care of our 1yr old nephew since he was 9-10months old. His mother is in prison and due for parole in early August, the father is too unstable to look after his son, He is the one who asked us to care for him until the mother was released. We have given him a loven home life, provided for almost all of his needs, besides love and structure and the normal things, clothes, food, toys. etc. He was dropped off with abag of clothes (Most didn't even fit him any longer) and 100. Dollars. Now the father is wanting to take his son back and move him in with a woman that he is now hooking up with. He is wanting to take him across state line to lord only knows where. The father is a drunk and has been known to drive with the baby in the automobile. Along with not knowing how to take care of him, he can not provide for him as we can, which is why he gave him to us in the first place. Do we have any rights as the legal aunt and uncle to fight for temporary custody until the mother gets out? The mother also wanted us to provide for the baby while she was away. Please help us, the father is threating to get him within days now. The baby is so happy and has learned a lot being with us, I can't imagine having to give him to a woman who has a bad history as well as the father who has been on drugs and drinking for awhile now. Please help with any advice.
    Teresa in Tx:confused:
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Jun 11, 2008, 09:39 PM
    Since you have custody of your nephew, you can probably petition the appropriate court for emergency, temporary custody. You need to retain a knowledgeable family attorney. I don't want to discourage you in any way because what you are doing is noble. Good luck.
    Dlady's Avatar
    Dlady Posts: 8, Reputation: 1
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    #3

    Jun 12, 2008, 12:22 AM
    Thank you so much for your advice, I will certainly look into that.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Jun 12, 2008, 09:22 AM
    You could probably end up with the custody if you act now before any paperwork is filed by the father. A good family law attorney can file the emergency custody paperwork for you. Good luck!
    Dlady's Avatar
    Dlady Posts: 8, Reputation: 1
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    #5

    Jun 12, 2008, 07:00 PM
    Thank you so much, bless your heart for taking the time to offer advice.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jun 12, 2008, 07:24 PM
    Unless you have some legal custody agreement right now you have little rights now, so you will have to go to court and prove the father unfit and ask for the at least legal temp custody
    Dlady's Avatar
    Dlady Posts: 8, Reputation: 1
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    #7

    Jun 12, 2008, 07:37 PM
    That is what I was afraid of. Thank you for helping me out
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