getting custody of a cousin...?

[keenansmummy]

Hi just wondering if anyone out there as any idea how I may go ahead and get my cousin out of the house he is in now and over here with me taking custody.

long story short his mum died when he was 9mnths old, dad is a no hoper, nan and pop took custody, nan died 6 months ago pop is sick and my dad has taken over with him (wow in itself because never did anything for me) but has just been diagnosed with cancer.

so I am worried bout him being in the house as it is but now dad has cancer there is no one else except his grandmother on his dads side and his drugo sister...

I am in WA which i know will make it difficult but would love for him to come here and me and my partner can provide everthing he needs financially and emotionally...

[emilysmumma]

How old is the cousin now? And by no hoper about the dad, what reasoning for this? Because you would need some valid arguments for this.

[punkbaby]

Depending how old he is, and if your dad and your dads sister (forgive me if i got that wrong) if they agree on you taking him you can as far as i am aware. Naturally you get get a negotiation of custody order (i think this is what its called) which is an agreement between you all that your his carer.
My hubbys son from his first relationship is 14 now he wants to live with us and his mum is ok with that so apparently from what we have researched he can just move right in if both parties agree.
I guess the age and whos there to care for him is a big factor

Good luck!

[damien's mum]

I really don't know, how or what you need to do.
Just wanted to send you lots of :hugs: and wish you all the goodluck in the world. :fingerscrossed:

[keenansmummy]

Thanks for your replies a little more info for you, my cousin is 13 now so he of an age to make his own decisions.

his mum died due to her liver failing due to drug abuse so his dad was and still is a drug abuser, he never sees my cousin more then once a year.

his sis wouldnt have a problem with it and neither would my dad espcially if he is dying but his other grandmother might but she is in no position to look after him

his other grandmother wanted to send him to live with her daughter that he hates so will need to stop that for sure!! plus she denied that he was his fathers child anyway until my aunty died!!!

I dont want to cause problems for anyone but am just so worried about my cousin, he deserves to be stable and at the moment everyone is sick and dying around him...

I have never had to deal with anything like this before so thankyou for making it clear for me

I just want what is best for him even if it isnt moving here with me.

[punkbaby]

Considering his age the courts would look at that i think they listen to kids alot more now, but i think 14 is the age they actually can stand up and say that want to live here etc!
I am sure that you wont have a problem getting custody of him if his other grandmother isnt capable, if you are willing to give him the stable environment he needs then i say go for it :) if those family around him care for him they will want whats best for him anyhow

You can call your family court and they will tell you what you need to do they are very helpful like that or have a look at their site.

Good luck and good on you for looking out for him :) all the best with it i hope it goes well

[PunkyDiva]

Before all else I would be talking with family members caring for him now and the child himself.

You would have to have a really good case to get him if familywasn't in agreement. Courts reg return kids to families that have abused them because they still see it as the best option.

How bad is your Dad's cancer and how will this boy react being so far/possibly never seeing again someone that may mean a lot to him?

Your heart is in the right place but tread warily as things are not always as they seem and is very easy with child protection laws etc to have it turned on you.

Anyway just my opinion but I would try communicating directly with family first, maybe writing down what you want to say, then sleeping on it and editing so you don't come across wrongly.
Maybe offering your place for some respite/short term care.

[keenansmummy]

I have spoken about staying short term whilst dad gets treatment, I cant go there as I have commitments here but so far he may be coming here for a short time going to school etc and going back when things calm down or he is welcome to stay - I wont be forcing anything.

He really only has my pop and he is awfully sick at the moment so once he passes he wont have anyone - he hates his dad and only sees his sister for xmas and easter and he could always fly back for that.

up until i moved away i was with him everyday so it is more then just a cousin thing we are like brother and sister if you know what i mean. (when he first started talking he used to call me mum because he didnt understand that his mum had died)

[defaipe]

goodluck hun! sounds like you are the perfect person for him! i really hope you get him, his luck needs to change.. poor guy.

[scorpio83]

Considering his age the courts would look at that i think they listen to kids alot more now, but i think 14 is the age they actually can stand up and say that want to live here etc!
I

I think it's 12....that's what they said when my ex went to court for access to his kids. Might have changed since then though.

[Olismum]

Hi, my step daughter is 12 years old and in Queensland she still doesn't get a say in where she lives. You can involve a social worker who can speak on the child's behalf and the judge will take it into account. Having been through a custody battle, my best advice is to get the support from as many family members as you can. If your father was to pass away your cousin would be placed into the care of another family member over the age of 18 or placed into foster care. Which ever child services thought was best. You should get in touch with a lawyer who specialises in family law and if your father has legal guardian ship then he needs to write in his will that when he passes you gain custody of the child. If you go on to the family court website, you can download the forms you need to fill in and apply to the courts for guardian ship. Though I'd really suggest getting legal advice from a lawyer if you think there is anyone at all that may contest your application. Good Luck.