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We got emergency temporary custody of my Great nephew until April 24th. What happens at that court date?

Salem, MA |
Filed under: Family law

We got emergency temporary custody of my 5yr old Great nephew d he had bacterial infection in his fingers and his mother never picked up his prescription and left it untreated for 3 days and he has missed alot of school. We have a court date April 24th. wasn't sure what to expect. It's alot more then just the infection and school. His mother wasn't taking very good care of him and barely sees him. She dropped his 2yr old brother at his dads house and hasn't seen him for almost 3wks. She barely ever bathed them never cut their nails. She neglects them. I have seen her slap the 5 yr old across the face a few times. I feel she needs help for herself before she can take care of her kids. Didn't know if in April the Judge will say will you take care of your kids? Okay you can have him back

Attorney Answers 3

Posted

As the mother has shown little interest in the child, it is unlikely that the mother will regain custody at the next hearing. As long as you clearly present your case, which is that the mother that lost custody before is still the same woman and has shown no improvement, you should retain guardianship. It will be up to the mother to prove that she is making the necessary changes to satisfy the court's concerns about her. At some point, the court is going to want to resolve the issue of whether or not the mother has made the necessary improvements or the clock has run out on her! Previous neglect and current disinterest should make it difficult for the mother.

The content of this answer should not be relied upon or used as a subsitute for consultation with professional advisors and it should be clearly understood that no attorney-client privilege has been created. A more complete answer and/or more accurate answer can only be provided in a more thorough examination of the facts in a consultation with my firm.

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Posted

I am very sorry you are going through this difficult situation, although it sounds like you did the right thing by getting temporary custody of your nephew. What is your objective? Do you want the court to appoint you a permanent guardianship of the children? The court is going to look at all the facts of the situation to determine what is in the best interests of the child(ren). The court may decide that it is best that you are named guardian, or the court may not extend the temporary guardianship and return the child(ren) to their mother. Many attorneys, including myself, will give you a free consultation. I highly suggest that you contact an attorney as soon as possible to best determine the appropriate course of action. Good luck!

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Posted

We want him to be taken care of and for him to be happy. She came and picked him up the other day and he didn't want to go. He never asks for her and didnt talk about how his day was with her. We would have no problem taken him in permanently. We would love for him to be able to be back with his mother but only if she takes care of him. I just don't think after only 3 mos anything has changed and she will start taking care of them the way they need. I think she needs some kind of couseling and or angermangment or even parenting classes. She has never taken care of them the way they need. It's even alot more then I have stated above. The 2yr old is with his dad right now so it is just the 5yr old we have. i just wasn't sure how it works when we go back

Posted

Atty. Taylor and Atty. Davidson have offered a thorough explanation of the guardianship process and the possible outcomes at the upcoming hearing. Best of luck.

Legal 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 State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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