Legal Question in Family Law in North Dakota

How to get custody of nephew

A 4 year old was taken away from in mother in ND a year ago,& given to his father, due to abuse/neglect.Father is also abusive, neglectful, newly married,alcoholic,leaves his son with his new mother in law to babysit, who lives with a convicted sex offender. Social services did an investigation, appointed a custody investigator, who made up a 75 page report, and they all went to court last week. The child's uncle also went to court with his wife,at request of investigator who testified on the stand & in her report that the child should go to his uncle. The uncle and wife filed no legal papers. Father got custody; rights of the mother were terminated;conditions imposed on the father were AA, not to take the child near the convicted sex offender, and to clean his filthy, stinking, house. Social Service will check on the house. Father is still taking son over to mother-in-laws & drinking. Can uncle sue for custody, and use any of the recent findings of the child investigator? Uncle was told after court by social services that they would have gotten custody of the child if they had filed a petition. Stable home, other kids, financialy sound, no background,etc. Now what? The ''system'' failed. what can we do as family?


Asked on 12/07/03, 12:22 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: How to get custody of nephew

I assume the father will contest anything. I am not sure you have standing unless the child is first removed by social services. Therefore, the first step is to get Social Services to intervene once again with new evidence to terminate the parental rights of the father. At that time, you will have standing to request that the child be placed with you. Bill Stern 248-353-9400

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Answered on 12/07/03, 12:40 pm


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