Home > Research Legal Advice > Child Abuse > My sister is an unfit mother and neglects her children, how can my husba...
Asked about 1 year ago - Columbus, OH
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My sister and her boyfriend have 3 children and cannot support them. Neither have stable jobs and recently moved in with my mother. They had a falling out and she and the kids moved in with a convicted sexual offender (of a child). The kids are always dirty, sick and the youngest (3 yr old) has rotten teeth. These children have no supervision when not living with my mother. In addition to the neglect, they are physically and mentally abused. She refuses to let us help the children until she gets her life in order.
What can my husband and I do to get temporary custody? My huband and I have very good jobs and currently have 3 children of our own. We love these kids as they were ours, what can we do?
While I agree that a juvenile abuse, neglect or dependency case filing might be appropriate, you can also file a private complaint for custody in the juvenile court in the county in which the children reside. Both parents will have to be proven to be unfit before custody can be granted to you. While it is sometimes difficult to prove both parents are unfit, once a party successfully does so, the court then has the ability to grant custody to a non-parent. Financial circumstances won't always prove a parent unfit, but neglect and abuse certainly should.
Guardianship court may be the answer. I dont practice in your state , but apply for guardianship. You could always call cps regarding concerns but that doesn't guarantee they come to you pending mom's time to get it together. CPS has a mind of their own, so that could be risky. Talk to a guardianship lawyer to see if it is an option.
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