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chicata1991 · Nov 13, 2009, 10:13 AM

I am 18 yrs old. My parents divorced 2 years ago and ever since then my siblings have had extreme emotional problems, due to the fighting, deception, and lies that are presented by our parents. This ongoing situation has led to problems in school, social problems, and behavioral problems in my younger siblings. Since I have come to college the situation has gotten worse. I was wondering how I would go about gaining Custody of my siblings. The children are not getting the emotional support they need and it is physically, emotionally and mentally effecting them. The best outcome would be to remove them from the situation that they are currently involved in. What do I have to do to get custody of them?

ScottGem · Nov 13, 2009, 10:21 AM

Being in college means a limited ability to provide support for them. So the likelihood of your getting custody is practically nil.

I think your only option here is to talk to counselors at their schools. If there is a marked change in grades and behavior it should have been noticed by the school. If you explain the circumstances, the school should (they may even be required by law) step in. Its possible that family services may be called in and, if they are, you can suggest to them that you are willing to foster your siblings.

stinawords · Nov 13, 2009, 10:44 AM

It's nice that you want to be there for your sibblings but a judge has to rule in the best interest of the children and giving you custody would not be in their best interest. You can call their school(s) and talk with their couselors and if they see fit they will step in and also call family serviced (it is required by law if they see a problem with neglect or abuse).

chicata1991 · Nov 13, 2009, 12:26 PM

Financially I would be able to take care of them, I would work full time and would attend school on a part time basis, Also I already have a place for us to live. Physically I am able to take care of them, when I was 16 neither of my parents were around so I worked, went to school, and took care of them, on my own. Also social services and the school has been contacted. The school stated that the kids are so unstable that their actions are understandable, but then did nothing to help. Social services also investigated but did nothing to help. I have been the children's primary caretaker for the last 4 years and when I left I did not think things would get this bad. The kids have called me and asked if they can come live with me. They have stated to me on numerous accounts that they "hate home and wish I would come make everything better." Is there no way that I can gain custody of them. I will do whatever it takes, I have always been the one who took care of them and was there for them. I am every bit capable of taking care of them I just don't know how to get custody of them.

stinawords · Nov 13, 2009, 11:02 PM

Okay, here is how you get custody of them. First get yourself a full time job and hold it for a substantial period to prove that you can pay all rent, utilities, and food and clothing for you and the children. Then hire a lawyer to help you prove your parents unfit. That is the only way that you will get custody unless of course your parents are willing to allow them to come live with you and give you custody.

ScottGem · Nov 14, 2009, 03:18 AM

Stinawords is right. This is an uphill battle. I would push with social services to take action. Letting them know that you are willing to take them in. The most quick way would be for social services to remove them and place them in your care as Guardian.

But to get anywhere with getting custody, you will need an attorney. Start shopping around for one now. If the college you attend has a law school, I would check if they have a free or low cost clinic for students.