Advice on Taking Temporary Custody of My Nephew

Updated on January 21, 2009
E.J. asks from Richardson, TX
7 answers

I am in a tuff spot and could really use some advice. I have a sister who is 30 and just cannot seem to get her life straight. She lives in a very unstable environment (house to house to transitional housing to who knows). She has her 3 year old son who is with her full time. My husband and I are thinking of offering to have him live with us for a while and hopefully give her a better chance at getting on her feet without the responsibility of having him. This is her third child, her other two children live with their father full time. I know it will feel like a failure to her or like she is having her only child left taken away from her again... but I just can't stand back and watch anymore. I am just wondering if there is anything we can do legally to protect him if she does let us take him for a while. Ideally, I would love for her to make it and get back on her feet and get her son, but truthfully and realistically, I just see her going further down without the one responsibility in her life (her son) being on her shoulders. I can see her partying and hanging out with the wrong friends/guys and possibly drugs, etc. I don't want her to be able to show up one night and take him to vegas or something with her new loser boyfriend or show up with her drama and be on drugs. I want to be able to protect him, but still give her a chance to prove herself and get back on her feet. This is my sister, and it is so hard.. I just don't even know how to approach it, much less go about the legalities. Does anyone have a similar experience or any advice via sisterly or legally? My husband and I are struggling financially as it is, and lawyer fees are pretty up there.. I am just not sure where to start, and I want to do this the right way for EVERYONE.

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D.S.

answers from Dallas on

Know where your coming from. I myself have my two grand daughter. They are 2 and 3 the youngest was born 3 months early because of drugs. I have legal custody from the courts cause CPS took them from my sons girlfriend. Yes personally I think you should offer this. You could get papers drawn thru an attorney. Check out the child alliduim. They are attorneys that usually deal with cases like this. The child probaly already has seen enough. If you think she will party, wrong freinds, drugs etc. She most likely is doing it as you speak. It is so common in todays soceity that it is down right sad.I would mostly talk and think seriously about it before its to late for the child. If you do so make sure you put it as supervised visitation. In case there are drugs involved. Good luck and Bless you. D. S.

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L.W.

answers from Dallas on

Southern Methodist University use to have a free law program. Try calling SMU.

Might also call City of Plano or the place you live and inquire of any free legal services for residents.

Never know till you ask.

Hang in there.

V.W.

answers from Dallas on

well, i only speak from a mom's point of view. i feel like it's a kind of hard for your sister. she won't have any kids with her. but she may think differently, then that's another story. is it possible to offer your sister some fiancial help, so she can pull herself together? life is hard. I'm with you. Best luck to you and your sister, esp. the little kid.

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C.R.

answers from Dallas on

We were in a similar situation, but with my cousins and they had two boys under the age of two (only 10 months apart in age). But in our case the parents both realized that the best thing for the boys was to be signed over. So Legal Guardianship was signed to my aunt (not the mother of the parents) for 2 weeks and from that point on the parents decided that they wouldn't ever be in the right place to do the right thing for their boys and signed them over to be adopted.

I'd say sit down with your sister and see where she stands on the matter. It won't be an easy conversation and shouldn't take place with any kids around, probably one on one between you and her.

Good luck!

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A.A.

answers from Dallas on

Your sister is making the wrong decisions. That little boy has made no wrong decisions. please rescue him. she knows what to do to get him back. how sad that this child has to go through that. call cps. call a lawyer. go to court and get him. please help him.
As for your sister, she will NEVER learn. this is 3 children not one.

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A.C.

answers from Dallas on

If your sister doesn't take your offer the wrong way, she may give you temporary guardianship of the child. Your best bet would be to contact your local Child Protective Service office, and ask them what you could do. I'm sure your sister would rather you take the child than the state. Should you not want to do that I believe that once the child is with you full time for a month or more, whether his mom comes to get him or not. She wouldn't be allowed to take him. I think that's because he would be considered abandoned by his mother. Ask your local CPS department. I think its great that you all want to be there for your nephew. He deserves a chance in life.

M.D.

answers from Dallas on

E.,
I feel you pain. Ask for God to give you the right words to your sister. You really need to talk with her. I know you LOVE your nephew very much and only want the best for him. See where your sister is really at. Most people who's life is messed up is because they are running from something, they don't like who they are. Find out what your sister is trying to escape from. I'm not sure if she'll even listen to you, make sure you first tell her some strong positive characteristics before saying all the bad things you see. Let her know that you two have been sisters and you know her pain, but you don't want to see your nephew suffer. Encourage her to get help, she needs to do this on her own, making the commitment not you doing it for her.

I think CPS is good for the most part, however, be wise about contacting them. I have family and friends who work for them, and once you are on their system you will always be.

I'm praying for you, your sister, your nephew, your family, God never gives us more than we can handle.
God Bless You!

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