Call Children's Services (CPS?) IMMEDIATELY. It does not matter that you don't trust them. The father will have to join in the report. Don't worry about being embarrassed or anything else. This is about child safety. That trumps everything else. CALL NOW (the police can help with how to get in touch on weekends.)
DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. When answering questions on AVVO, attorneys are prohibited from directly soliciting business. Don't take this as an indication of lack of interest. James S. Tupitza
As Attorney Tupitza said, if there are allegations that the children are being abused, you should consider contacting the children services, again, as soon as possible. Every sets of facts and circumstances are different. You should not assume that because children services did not intervene last time, they will not intervene this time.
Generally, it is correct that in order to change custody, you would have to prove that the mother is unfit. Proving that a parent is unfit can be a difficult burden to overcome. However, credible allegations of abuse will go a long way in overcoming that burden. In order to obtain custody, you would have to file a request in the appropriate local county court.
In any case, I highly suggest that you and/or your brother consult with an attorney as soon as possible to review your situation and potential options.
Robert P. Soto
Attorney at Law
Stephen A. Skiver & Associates, LLC
28350 Kensington, Suite 200
Perrysburg, Ohio 43551
The best thing you can do is to continue to contact CPS and the police. If you make repeated complaints against the mother, they will start to take notice. It is important to get evidence to prove your allegations. If the children have visible injuries, then take pictures. If the mother calls to make statements about beating the children, then record them. You can also ask that a guardian ad litem be assigned to the case. This is either a volunteer or an attorney that will investigate the case to make a determination as to whether the mother is fit to be a parent. The children are lucky to have some people concerned about their well-being. Don't give up on them! Good luck to you!