Slightly complicated story set in Ontario, Canada. My (32) aunt has two kids (15F and 15M). She's a piece of work who blames her abusive behaviour on her mental health issues and won't take any responsibility for bettering herself.
She's at the very least emotionally abusive, possibly physically but I can't be sure. CPS has been involved repeatedly, but she spins the story that her kids are mentally ill (they are, also traumatized) and violent (unsure if true - I suspect autistic meltdowns in response to abuse). They're also afraid to speak out against her, and they still love her. No action has been taken.
Their father is absentee, and toxic at best, abusive at worst. I'm not even sure if he's currently in the country, but it's possible he still has partial custody (they're divorced).
Today she blew up and said she's sending my male cousin to a group home because he's "too violent". He swears up and down he's not. Arrangements have been made for him to stay with another family member instead, with my aunt basically saying "good riddance" (though not giving up custody).
The thing I'm worried about is the family member also tends to be a yeller. Additionally, she's warned him that if he does get violent, she's calling 911 and that's his last chance. So I really don't see this ending well.
I own a home in a city 1.5 hours away with my husband. We're both desperate to see my cousin(s) safe and happy and healthy. Is there a way to gain temporary custody and move one or both of them in, if the family member falls through? What difference does it make if my aunt gives permission vs if she refuses?
Main Legal Issues:
Child welfare and protection
Custody and guardianship rights
Potential abuse and neglect
Questions Answered:
If your aunt gives permission for you to gain temporary custody of your cousin(s), it would make the process smoother and more legally straightforward. However, if she refuses, you may still be able to seek temporary custody through the courts by demonstrating that the children are in danger or at risk in their current environment. This would involve proving that their current living situation is detrimental to their well-being and that they would be better off in your care.
Potential Strategies:
Document Evidence: Keep a record of any instances of abuse or neglect that you witness or hear about. This documentation can be crucial in demonstrating the need for a change in custody.
Consult with a Family Lawyer: Seek legal advice from a family lawyer who specializes in child welfare and custody cases. They can guide you on the best course of action and help you navigate the legal process.
Consider Involving Child Protective Services: If you believe the children are in immediate danger, consider contacting Child Protective Services again and providing them with any new information or evidence you have.
Things to Discuss with a Lawyer:
Legal Options: A lawyer can explain the legal options available to you in seeking temporary custody of your cousin(s) and advise you on the best approach based on the specific circumstances.
Court Process: Understanding the court process for seeking custody is essential, as it can be complex and time-consuming. A lawyer can help you navigate this process effectively.
Child Welfare Laws: Discussing child welfare laws in Ontario with a lawyer will help you understand your rights and responsibilities as a potential caregiver.
Financial Preparation and Key Points to Consider:
Cost of Legal Representation: Be prepared for potential legal fees associated with seeking custody. Consider budgeting for legal representation to ensure you have the necessary support.
Childcare Expenses: If you gain temporary custody of your cousin(s), be prepared for additional childcare expenses, including food, clothing, education, and healthcare.
Impact on Work and Living Arrangements: Consider how taking in your cousin(s) may impact your work schedule, living arrangements, and overall financial stability. Plan accordingly to ensure you can provide a safe and stable environment for them.
Always consult with a lawyer.
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