Custody question?

My brother shares joint custody of his daugter with the mother. My brother gets his daughter every other week Thursday-Monday and every Thursday -Friday.That is the court order. Recently, the mother was kicked out of her home and has been living in different places from friends houses, to mens house etc. My niece is very confused, she has been sleeping on peoples floors, she has bags under her eyes, she is sad and cries a lot. She doesn't know where her home is, she is 6 years old and now her schooling is beginning to suffer too. She is missing after school activities and is having problems with her grades. The teacher has offered to tutor her after school but the mother says she has no time. My brother can't get a hold of the mother and has to return my niece tonight. He doesn't want to b/c the mother has no residence or place to live. What does he do?

Custody question?
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If Protective Services needs to get information about the mother, then the best place to do that is in one of the exchanges of your niece. In other words, the mother either has to come to your brother's house to pick her up, or your brother has to take her someplace. PS can speak to her there.





Your brother has legitimate doubts about the "home" that his ex-wife is providing. I'm no lawyer, but it seems that he would be within his rights to keep his daughter at his home. If he gets hauled into court over it, then he can have his ex explain to the court where she is living and under what circumstances. It's hard to believe that any judge would order him to turn his daughter over to her when she has no fixed address and no interest in the girl's schooling. These are both very big in the eyes of the court.





You're in a tough spot. Good luck.


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Reply:Where does he have to return her to? Surely he must have some contact with the mother.


I would offer to keep the child until the mother has sorted out some sort of permanent living arrangement. This discussion needn't be confrontational but should be in the best interests of the child.


Or does he have something else to offer? Like a place for the mother to stay?





Edit: Okay - you've added a lot more information. I'd see a lawyer as soon as possible, to find out what your options are.
Reply:since the mother has to pick the child for school, why cant your brothergo to the school around the time the child gets out and talk to the mother about keeping her until she finds a stable home. and if he has to follow her (with her knowing) to see what conditions the kid is living in and provide that address info to Child Protective Services. Thats the info they need and also CPS can go to the school if they wanted too.
Reply:He needs to get an attorney NOW. He should not wait, but get an attorney and get emergency physical custody until the mom can get her act together. good luck.
Reply:He needs to contact someone associated with his case. Lawyer, Judge, someone..