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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.