Legal Question in Family Law in California
mom to old to care for nephew
Hello, my mom is 80 years old and is raising my 15 year old nephew since he was 6 months old.He is very mean to her. She is afaird of him,walks on egg shells in her own home of 60 years. He has been in the 8th grade 3 years in a row because he wont go to school or do his homework.he yells at her ,threatens her,tells her is will kill her if she doesn't give him what he wants.she has no control over him,he comes and goes as he pleases,stoled her car with some friends. Bradley wouldn't let her out of her room one nite so she crawled out her window and walked up to my house,I live 2 blocks away at 10.00 pm.her neighbor has had to go over and tell bradley to quit yelling and screaming at her ,he could hear him over at his home yelling at her.bradley runs with the wrong crowd the kid down the street is always in trouble.they rip people off. bradley is 6'2 at 15 years old. bradley makes my mom take him where he wants to go at night,she sould not be driving at night,she doesn't do that well driving in the daytime.I want to know is there anyway that I could take my mom to court and have Bradley removed from her home and placed somewhere else. she is just to old to look after him.
thank you,
2 Answers from Attorneys
Re: mom to old to care for nephew
Hi,
I'm very sorry to learn of your mom's problem. I know it will be hard, but I think "tough love" is in order (assuming she still loves Bradley at all). If Bradley is endangering your mother, you should advise her to call the police immediately. Do not try to confront Bradley alone. (I do not know him, but from what you�ve stated he and/or his friends might hurt your mother.) The police should contact social services and help your mom take the necessary steps to get Bradley out of the house (e.g., get a temporary restraining order, etc.). If Bradley has been threatening to kill your mother or otherwise threatening violence, she should also demand an arrest. If the patrol officer is not responsive (sometimes they try to avoid paperwork with a dismissive attitude), demand a citizens arrest and/or call the district attorney's office directly. Also, report the officer's failure to perform his/her duty to the police department and/or any local citizens oversight committee.
This is just general advice based on the scant information in your posting. This is not a comprehensive legal opinion since I do not have enough information to fully analyze the situation and I do not know your city�s particular procedures. Also, please be advised that this response does not create an attorney-client relationship and you should contact another attorney to determine whether further legal assistance is needed.
That said, I hope this helps your mom.
God Bless,
Russ Martin
Re: mom to old to care for nephew
I, too, am sorry to hear of your mom's situation. I'm very glad, however, that you are stepping in to help her. As you know, your mom is in a very vunerable situation with an abusive, out of control young man who is currently in a position to harm her. Please do accompany her to a local police station to report this situation today - including the incidents you have described. Also, one or both of you must call 911 ASAP if he threatens her, hurts her, or restrains her in the meantime. You may also want to call the National Domestic Violence Hotline at 1-800-799-SAFE to identify resources in your area.
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