Oklahoma City, OK asked in Child Custody and Family Law for Nebraska

Q: How can we get emergency custody of 2 kids if we live out of state and parents are in divorce?

My sister suffers from sever mental and her soon to be ex husband has mental health issues and feeds into her the kids are 6 and 11 both have mental health as well. She has been bring men around, the 11 year old home alone, failing school, sever anxiety, she is treated like an adult. The youngest has sensory disorder, having out borst daily, she had made comments to my mom and I bout wanting to live with us. My sister has been making comments bout how she annoyed with the kids. Their dad is not much help and they have said he doesn't spend time with them and work is priority. We have proof from over a year this is a routine. We recently were even told my sister she just can't seem to deal with it all and she needs help. She is not staying on track with any treatment and leaves kids alone daily. We have lots of proof over this all. Both parents have called me when money issues, they have issues or something wrong with the kids.

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Divorce Lawyer
  • Omaha, NE
  • Licensed in Nebraska

A: If you believe children are being abused or neglected, you need to report this to their local authorities. If found to be true, this may result in the children being removed from the home. It could also cause the family to start receiving services that could be helpful to get them to a healthier place.

If you want to ask the Court for custody of children that you are not the parent of, you would need to prove to the Court that both parents are unfit. A parent has a Constitutional right to their children. This is a high bar for the Court to deny the parents this right and give the children to a non-parent. If you allege your family member is unfit and they are in a custody dispute with the other parent, it may encourage the Court to give custody to the other parent.

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