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  • Want to obtain custody of my half siblings

    I want to obtain custody of three children currently living with my father and step mother. The children are two half siblings, age 3 and age 1, and one step brother age 12. I

    am currently married, with one child of my own, age 2. We own a house, and my husband works in receiving. I am due to graduate in November with my LPN and have a job secured

    for an assisted living center in my area. Now the reason I would like to get custody. Its very complicated but I will try to summarize it, keep in mind the information

    provided will not be complete and any questions are welcomed. My father has been a cocaine addict for over 30 years, and at age 15 (when I was in his custody) he gave me

    cocaine and alcohol, which i did with him and my step mother. At this time my brother was 7 years old (step brother) and he was also given alcohol. I went to the police when I

    was 16 because I did not want me and my brother to live like we were anymore. I had a job, and was the main provider for things like clothes, and groceries. I also was the one

    who did housework and childcare for my brother. When I went to the police they did find evidence to take me from the home and place me into protective custody. I went to a

    group home for a while then was placed with my mother in another state. Social services never did take my brother from my father, nor did they do an investigation as my father

    and step mom moved out of that home during my group home stay and into another state. My step brothers father died from a morphine overdose when he was 5 and he has no other

    family to care for him. His mother originally lost custody of him after his fathers death because she was also doing morphine and was the provider of the drugs to her husband,

    his father. She had been stealing her sick mothers drugs. During my stay with my step mother and father both my step mother, and dad did drugs such as; ambien, ritilin,

    ecstacy, cocaine, marijauna, and heavy alcohol. They were also both arrested due to domestic violence on more then one occasion in which I had to stay with a friend for weeks

    at a time. After I left, and they had moved they had the two other children, ages 3 and 1 currently. Since this year, 2013 my step mother has been arrested 5 times for

    domestic abuse, DUI, and public drunkeness. Today she had her second car accident in 4 months due to a DUI. This time however my siblings were in the car. She left the scene

    of the accident to get home before the police showed up, however her mistake was she stopped at the liquor store to get more alcohol. The store worker called the police after

    refusing to sell her alcohol and pleading for her not to drive. She left and was arrested a few streets from her home. These children have clothes, and food, and a home to

    live in. My father makes good money, and their basic needs are met, however I still feel as though they are not leading well lives and deserve to be in a better environment. I

    would like to know if it is possible for me to obtain custody of them, or any other advice I can get. What am I legally able to do to help them? I am in Ohio, and they are

    located in Georgia, so I know my case is difficult, and it would be very hard to get custody due to the fact they DO have their basic needs taken care of. I would appreciate any help I can get.
    Thank you
    -Nicole

  • #2
    Re: Want to obtain custody of my half siblings

    Obviously CS has not gotten involved. You have no chance unless custody is given voluntarily.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      Re: Want to obtain custody of my half siblings

      Originally posted by NicoleDenae22
      I want to obtain custody of three children currently living with my father and step mother. The children are two half siblings, age 3 and age 1, and one step brother age 12. I

      am currently married, with one child of my own, age 2. We own a house, and my husband works in receiving. I am due to graduate in November with my LPN and have a job secured

      for an assisted living center in my area. Now the reason I would like to get custody. Its very complicated but I will try to summarize it, keep in mind the information

      provided will not be complete and any questions are welcomed. My father has been a cocaine addict for over 30 years, and at age 15 (when I was in his custody) he gave me

      cocaine and alcohol, which i did with him and my step mother. At this time my brother was 7 years old (step brother) and he was also given alcohol. I went to the police when I

      was 16 because I did not want me and my brother to live like we were anymore. I had a job, and was the main provider for things like clothes, and groceries. I also was the one

      who did housework and childcare for my brother. When I went to the police they did find evidence to take me from the home and place me into protective custody. I went to a

      group home for a while then was placed with my mother in another state. Social services never did take my brother from my father, nor did they do an investigation as my father

      and step mom moved out of that home during my group home stay and into another state. My step brothers father died from a morphine overdose when he was 5 and he has no other

      family to care for him. His mother originally lost custody of him after his fathers death because she was also doing morphine and was the provider of the drugs to her husband,

      his father. She had been stealing her sick mothers drugs. During my stay with my step mother and father both my step mother, and dad did drugs such as; ambien, ritilin,

      ecstacy, cocaine, marijauna, and heavy alcohol. They were also both arrested due to domestic violence on more then one occasion in which I had to stay with a friend for weeks

      at a time. After I left, and they had moved they had the two other children, ages 3 and 1 currently. Since this year, 2013 my step mother has been arrested 5 times for

      domestic abuse, DUI, and public drunkeness. Today she had her second car accident in 4 months due to a DUI. This time however my siblings were in the car. She left the scene

      of the accident to get home before the police showed up, however her mistake was she stopped at the liquor store to get more alcohol. The store worker called the police after

      refusing to sell her alcohol and pleading for her not to drive. She left and was arrested a few streets from her home. These children have clothes, and food, and a home to

      live in. My father makes good money, and their basic needs are met, however I still feel as though they are not leading well lives and deserve to be in a better environment. I

      would like to know if it is possible for me to obtain custody of them, or any other advice I can get. What am I legally able to do to help them? I am in Ohio, and they are

      located in Georgia, so I know my case is difficult, and it would be very hard to get custody due to the fact they DO have their basic needs taken care of. I would appreciate any help I can get.
      Thank you
      -Nicole
      If you are so concerned with the well-being of your half-siblings, then your first call should already have been to CPS in order to report your father and step-mother. Unless and until they are deemed unfit (which hasn't been the case as of yet, given the absence of CPS involvement in the situation), you don't have a snowball's chance of obtaining custody. As long as their basic needs are being met, your chances are slim to none of EVER getting custody.
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

      Comment


      • #4
        Re: Want to obtain custody of my half siblings

        If there is an ongoing drug and alcohol problem in the home, 'basic needs' of shelter and food is not enough. Without driving drunk with the children in the car.

        While I concur with reporting to CPS, their investigative means are limited. You are free also to institute a petition for custody. You have firsthand knowledge of the parents' conduct around the children and may be able to pull up enough of a record to sustain your petition. Court ordered drug testing now can be much more sophisticated, especially hair tests,which reveal one's drug history for years. What they have taken and when. CPS will not order this done,but a judge can.

        You need to consult with a family law attorney to see what you will need to prevail in a petition for custody. From what you describe, neither parent is a fit and proper person to have custody of young children.

        Comment


        • #5
          Re: Want to obtain custody of my half siblings

          Originally posted by NicoleDenae22
          I want to obtain custody of three children currently living with my father and step mother. The children are two half siblings, age 3 and age 1, and one step brother age 12. I

          am currently married, with one child of my own, age 2. We own a house, and my husband works in receiving. I am due to graduate in November with my LPN and have a job secured

          for an assisted living center in my area. Now the reason I would like to get custody. Its very complicated but I will try to summarize it, keep in mind the information

          provided will not be complete and any questions are welcomed. My father has been a cocaine addict for over 30 years, and at age 15 (when I was in his custody) he gave me

          cocaine and alcohol, which i did with him and my step mother. At this time my brother was 7 years old (step brother) and he was also given alcohol. I went to the police when I

          was 16 because I did not want me and my brother to live like we were anymore. I had a job, and was the main provider for things like clothes, and groceries. I also was the one

          who did housework and childcare for my brother. When I went to the police they did find evidence to take me from the home and place me into protective custody. I went to a

          group home for a while then was placed with my mother in another state. Social services never did take my brother from my father, nor did they do an investigation as my father

          and step mom moved out of that home during my group home stay and into another state. My step brothers father died from a morphine overdose when he was 5 and he has no other

          family to care for him. His mother originally lost custody of him after his fathers death because she was also doing morphine and was the provider of the drugs to her husband,

          his father. She had been stealing her sick mothers drugs. During my stay with my step mother and father both my step mother, and dad did drugs such as; ambien, ritilin,

          ecstacy, cocaine, marijauna, and heavy alcohol. They were also both arrested due to domestic violence on more then one occasion in which I had to stay with a friend for weeks

          at a time. After I left, and they had moved they had the two other children, ages 3 and 1 currently. Since this year, 2013 my step mother has been arrested 5 times for

          domestic abuse, DUI, and public drunkeness. Today she had her second car accident in 4 months due to a DUI. This time however my siblings were in the car. She left the scene

          of the accident to get home before the police showed up, however her mistake was she stopped at the liquor store to get more alcohol. The store worker called the police after

          refusing to sell her alcohol and pleading for her not to drive. She left and was arrested a few streets from her home. These children have clothes, and food, and a home to

          live in. My father makes good money, and their basic needs are met, however I still feel as though they are not leading well lives and deserve to be in a better environment. I

          would like to know if it is possible for me to obtain custody of them, or any other advice I can get. What am I legally able to do to help them? I am in Ohio, and they are

          located in Georgia, so I know my case is difficult, and it would be very hard to get custody due to the fact they DO have their basic needs taken care of. I would appreciate any help I can get.
          Thank you
          -Nicole
          sorry but you have no standing or reason to get custody theyre not being starved or abused. and how do you know whats going on there since youre in another state hundreds of miles away?

          Comment


          • #6
            Re: Want to obtain custody of my half siblings

            Originally posted by NicoleDenae22
            I want to obtain custody of three children currently living with my father and step mother. The children are two half siblings, age 3 and age 1, and one step brother age 12. I

            am currently married, with one child of my own, age 2. We own a house, and my husband works in receiving. I am due to graduate in November with my LPN and have a job secured

            for an assisted living center in my area. Now the reason I would like to get custody. Its very complicated but I will try to summarize it, keep in mind the information

            provided will not be complete and any questions are welcomed. My father has been a cocaine addict for over 30 years, and at age 15 (when I was in his custody) he gave me

            cocaine and alcohol, which i did with him and my step mother. At this time my brother was 7 years old (step brother) and he was also given alcohol. I went to the police when I

            was 16 because I did not want me and my brother to live like we were anymore. I had a job, and was the main provider for things like clothes, and groceries. I also was the one

            who did housework and childcare for my brother. When I went to the police they did find evidence to take me from the home and place me into protective custody. I went to a

            group home for a while then was placed with my mother in another state. Social services never did take my brother from my father, nor did they do an investigation as my father

            and step mom moved out of that home during my group home stay and into another state. My step brothers father died from a morphine overdose when he was 5 and he has no other

            family to care for him. His mother originally lost custody of him after his fathers death because she was also doing morphine and was the provider of the drugs to her husband,

            his father. She had been stealing her sick mothers drugs. During my stay with my step mother and father both my step mother, and dad did drugs such as; ambien, ritilin,

            ecstacy, cocaine, marijauna, and heavy alcohol. They were also both arrested due to domestic violence on more then one occasion in which I had to stay with a friend for weeks

            at a time. After I left, and they had moved they had the two other children, ages 3 and 1 currently. Since this year, 2013 my step mother has been arrested 5 times for

            domestic abuse, DUI, and public drunkeness. Today she had her second car accident in 4 months due to a DUI. This time however my siblings were in the car. She left the scene

            of the accident to get home before the police showed up, however her mistake was she stopped at the liquor store to get more alcohol. The store worker called the police after

            refusing to sell her alcohol and pleading for her not to drive. She left and was arrested a few streets from her home. These children have clothes, and food, and a home to

            live in. My father makes good money, and their basic needs are met, however I still feel as though they are not leading well lives and deserve to be in a better environment. I

            would like to know if it is possible for me to obtain custody of them, or any other advice I can get. What am I legally able to do to help them? I am in Ohio, and they are

            located in Georgia, so I know my case is difficult, and it would be very hard to get custody due to the fact they DO have their basic needs taken care of. I would appreciate any help I can get.
            Thank you
            -Nicole
            Dear Nicole,
            You have a most difficult situation. The governmental authorities have not see fit to investigate the situation where the neglect may not be physical. Your father and step-mother appear to be ready, willing and absent a finding by child protective services, able parents to care for your young half siblings.
            Finding out the specifics of Ohio law about guardianships is needed. It is difficult in Illinois (where I am) to petition the Court to remove children from parents for abuse and neglect unless the government is doing it in Juvenile Court.
            The Probate Court; the likely place for a guardianship petition may not believe it has jurisdiction as guardianships usually are either granted by consent or necessity due to parent being not ready, willing and able to care for the child.
            Good Luck.
            JH Sparacino

            Comment


            • #7
              Re: Want to obtain custody of my half siblings

              Originally posted by JH Sparacino
              Dear Nicole,
              You have a most difficult situation. The governmental authorities have not see fit to investigate the situation where the neglect may not be physical. Your father and step-mother appear to be ready, willing and absent a finding by child protective services, able parents to care for your young half siblings.
              Finding out the specifics of Ohio law about guardianships is needed. It is difficult in Illinois (where I am) to petition the Court to remove children from parents for abuse and neglect unless the government is doing it in Juvenile Court.
              The Probate Court; the likely place for a guardianship petition may not believe it has jurisdiction as guardianships usually are either granted by consent or necessity due to parent being not ready, willing and able to care for the child.
              Good Luck.
              JH Sparacino
              This information in incorrect for guardianship of minor children may be applied for in Family Court, not probate which usually handles matters of adults who are incompetent to handle their own affairs or deceased.

              Comment

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