[Demember06]

I have 7 siblings. 5 of which are still living at home ranging from the ages of 3-14. For about 17 years now their Father (my stepfather) has abused the children frequently. Leaving scars and bruises that blast for weeks. The latest anger out burst left my 5 year old brother with bruised ribs. My parents are also unable to put food in the house but do not qualify for government help. And for years there has been suspicion of my mother being mentally ill. And yes the state knows EVERYTHING, and we have had an open file for about 10 years now. I cannot mentally or emotionally deal with the life my siblings have been living. So, I guess my question would be, where to begin in trying to take custody of my siblings? I am 23 and married with a house of our own and stable jobs.

[GV70]

Which state has jurisdiction?

[Demember06]

My stepnfathernis in the military, they currently live in Nebraska. I live in Delaware.

[ScottGem]

I would start with wherever this "open file" is. Talk to the case workers and see what you can do.

[Demember06]

Well the case worker are saying that this is not an everyday thing so there for there is nothing they can do. But there is an incident everyday, but everyone is so afraid to call everyday it's insane. So my mom only calls when it's extremely bad. My other two siblings are mentally disturbed due to the amount of abuse thatnwe are out through growing up. And all of the children have been going through therapy for years trying tovcope what happens in the house. So I seriously have no idea what else, what other proof they need to actually do something.

[GV70]

Then Nebraska has jurisdiction over the case.
Do not forget that there is Parental Preference Rule ,Under this rule, fit parents who are able and willing to care for their child have the paramount right to the custody.fact,In Nebraska there is a presumption that favors placement of the child with one or both of the parents, unless BOTH parents are found to be unfit.
Thus you have to:
1. Prove that both parents are unfit
2. File for guardianship.

Nebraska Code 42-364
In the absence of a contrary statutory provision, in a child custody controversy between a biological or adoptive parent and one who is neither biological nor an adoptive parent of the child involved in the controversy, a fit biological or adoptive parent has a superior right to custody of the child. Stuhr v. Stuhr, 240 Neb. 239, 481 N.W.2d 212 (1992).

The district court may maintain legal custody of minor children, while awarding physical custody to a parent or other party. Grindle v. Grindle, 226 Neb. 807, 415 N.W.2d 150 (1987); Peterson v. Peterson, 224 Neb. 557, 399 N.W.2d 792 (1987).

The right of a parent to the custody of his minor child is not lightly to be set aside in favor of more distant relatives or unrelated parties, and the courts may not deprive a parent of such custody unless he is shown to be unfit or to have forfeited his superior right to such custody. Nielsen v. Nielsen, 207 Neb. 141, 296 N.W.2d 483 (1980).
The trial court was correct in finding that the best interests of the child required placing custody with his grandmother rather than with either parent. Whitlatch v. Whitlatch, 206 Neb. 527, 293 N.W.2d 856 (1980).

[Demember06]

Thank you GV70!

[cdad]

You mentioned he is in the military so federal may superceed states laws. Here is some info on reporting it.

Ref:

Reporting Child Abuse and Neglect
The involvement of early childhood education professionals in reporting child abuse and neglect is mandated or supported by State laws. In addition, each branch of the military has issued regulations, and many local child development agencies have established their own policies and procedures.

Caregivers of Young Children: Preventing and Responding to Child Maltreatment: Reporting Child Abuse and Neglect



Another way to deal with the situation is (and the best way) would be for your mom to file for divorce. And she ask for primary custody of the remaining children as well as a restraining order in the initial filing. That cuts off all the abuse.

[GV70]

The paramount concern is that you must prove your assertion that they are unfit parents:confused::mad:

[Demember06]

The only problem with my mom leaving him is she has, five times. Ea h time she has gone back to him. Also she's never worked a day in her life. She didn't even make in to high school.

[Fr_Chuck]

And if there are marks and the such that are lasting for weeks, they need to report and report every time. To Teachers at school, to religious leaders if they go to church, to a hot line, to the police.

Just merely an open case, if there is not continued reporting, means little happens.

[GV70]

You mentioned he is in the military so federal may superceed states laws. Here is some info on reporting it.

Ref:

Reporting Child Abuse and Neglect
The involvement of early childhood education professionals in reporting child abuse and neglect is mandated or supported by State laws. In addition, each branch of the military has issued regulations, and many local child development agencies have established their own policies and procedures.

Caregivers of Young Children: Preventing and Responding to Child Maltreatment: Reporting Child Abuse and Neglect

Yes... CPS will be involved and the outcome may be the children put in foster care instead with the OP.

I. For about 17 years now their Father (my stepfather) has abused the children frequently. And for years there has been suspicion of my mother being mentally ill. .

[Demember06]

Thank you guys.