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mrnickrosso · Apr 3, 2008, 08:52 AM

Hi, I have read some of the questions and have picked up some information from the answers. And most of the questions have older children who can decide what they want my problem is for my husband and his oldest brother. In November the middle brother died and no will was left behind. He also left a 5 yr old son behind to a dead beat mother. Ok here is how it goes the mother is phsyco, he takes psycotic medication. She has 4 boys to 3 different men. She is living in projects and we would get our nephew every weekend. But since the current boyfriend busted her spleen she has changed her whole outlook. We found out that he was abused physically and emotionally for example he told us he wants to kill himself to be with his dad. The only reason she wants him is to collect the welfare and social security checks. But yet she can't even pay her rent, she spends it on drug and whatnot. We are trying to get him out of that house, but it is taking time, I was told we have to wait till she messes up one more time till they will take him and things will go in motion. That's a nutshell of the situation, I am looking for some insight any suggestion to help us get him with us as aunt and uncles. Do there grandparents have more power over us to get him? And what would we need document wise to prove she is unfit parent so we could take guardianship. Can recorded phone conversations hold up in court to help us?
Thank you so much for reading and any input is appreciated?> we live in pittburgh pa is that help too

JudyKayTee · Apr 3, 2008, 09:13 AM

Originally Posted by mrnickrosso

hi, i have read some of the questions and have picked up some information from the answers. and most of the questions have older children who can decide what they want my problem is for my husband and his oldest brother. in november the middle brother died and no will was left behind. he also left a 5 yr old son behind to a dead beat mother. Ok here is how it goes the mother is phsyco, he takes psycotic medication. she has 4 boys to 3 diferent men. she is living in projects and we would get our nephew every weekend. but since the current boyfriend busted her spleen she has changed her whole outlook. we found out that he was abused physically and emotionally for example he told us he wants to kill himself to be with his dad. the only reason she wants him is to collect the welfare and social security checks. but yet she can't even pay her rent, she spends it on drug and whatnot. we are trying to get him out of that house, but it is taking time, i was told we have to wait till she messes up one more time till they will take him and things will go in motion. thats a nutshell of the situation, i am looking for some insight any suggestion to help us get him with us as aunt and uncles. do there grandparents have more power over us to get him? and what would we need document wise to prove she is unfit parent so we could take gaurdianship. can recorded phone conversations hold up in court to help us?
thank you so much for reading and any input is appreciated?> we live in pittburgh pa is that help too

I think all you can do is report this to Child Protective Services. If there is a custody fight the Court will decide who is best able to raise the child - based on age, finances, emotional security. If CPS TAKES the child this will come into play; if they decide not to take action you would have a very difficult road ahead of you.

It is NOT unusual for the child (or an adult, for that matter) to state they wish they could die and be with the deceased - part of grieving.

As far as recording phone calls in Pennsylvania, in MOST cases it's a felony. All parties to the call must consent if it is going to be recorded; you CAN record the call WITHOUT that express consent (no implied consent allowed) IF there are threats to the recording party's life (or the lives of family members) OR if the other party is discussing, admitting to illegal acts. Of course, it's hard to know in advance what will be said so it's a dangerous practice to record the calls. Obviously if the recording comes to light you can and will be charged with a felony crime.

mrnickrosso · Apr 3, 2008, 10:46 AM

Thank you for the input we need all the help we can get. Thank you for letting me know that it is a felony we don't want to jepordize this in any way. We really need to get him it is better that way he has express he hates his mom since he could talk and he has over and over said he want to live with his uncle.