Child custody

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Fredkrueger100

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I'll try and make this as short as I can. My sister had a baby with this loser guy we have both known since we were kids. My sister has always been attracted to losers. She was living with him up until July. My nephew turned 1 in May. The guy showed up to his sons first birthday an hour late. The guy is an alcoholic and is addicted to pain pills. He has never really been a part of my nephews life. And since my sister has lived on her own he has only seen my nephew twice for about 30 minutes. The guy has had 3 dui's and 2 public intoxications. One of the dui's he had his other two sons in the car while he was driving around drunk. He somehow managed to get probation. Then he received another public intox while on probation and still received no harsh punishment. His house has mice and roaches everywhere. The guy is a hoarder. When I was helping my sister move out I found a mouse trap with a dead mouse in it right next to the bed. Then I found rat poison all around the floor. The poison could have easily been eaten by my nephew. My sister started documenting all the things he was doing. Including how little he spent time with my nephew. She even has pictures of him passed out drunk with a beer in his hand. And I am talking about several different occasions. He lets his other sons do whatever they want. And one of them is 6. He plays grand theft auto and leaves the house and goes walking around by himself. He is very unfit to be a father. So today my sister went to tribal court here in Shawnee to try and get full custody. It was a huge mistake on her part. The judge said he didn't care about what he had done prior to my sister moving out. Didn't care about any of it. She tried to get him to look his record up but the judge refused sternly. The judge was a major butthole. He would cut my sister off on the middle of her explaining why he is unfit. He didn't ask if the guy had a safe place for my nephew to live or anything. And the dang guy showed up with his new girlfriend that he lives with. And she is married. And she has green and blue hair. The judge made his ruling that my sister gets custody while the guy gets to have my nephew every other weekend from Friday night until Sunday night. And then he gets him a bunch in the summer. And they alternate holidays. The judge then said he expected them to be cordial to each other and that if he finds out one hasn't been he will adjust the agreement accordingly. The dang guy called my sister up earlier just to gloat. He was saying how he won and that it was her fault. My question is this. Is there anything my sister can do by going through a lawyer and regular court? The guy does not need to be around my nephew. I am afraid for him. Plus my nephew doesn't even know his own dad. He won't understand what is happening. If you have any info please let me know asap. Thanks. And just to add, even the guys dad is pissed this happened. He likes my sister and told his son after it was over that this was his last straw. His own dad knows he don't deserve him.
 
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Larry Morgan

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Rough situation. Sounds like she needs a lawyer, my friend. I'm afraid all the arm-chair expertise I could muster wouldn't get your sister or your nephew what they need.
 

ahamay6

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It's a terrible situation it sounds like for all involved. I'm sorry to hear about it. However, in order to use tribal court, the persons involved have to sign a waiver that won't allow them to take the matter outside tribal court. I don't know if getting an attorney will help much, but if it were me, I'd still exhaust all options. Best of luck to her. It sounds like she has a fight worth fighting.
 

JD8

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I have no answers, but I hope there's a positive outcome. Just saw a situation similar to this, dad put a scalding hot bottle in the baby's mouth and burned him. DHS gave him a chance. Two weeks later, the kid ended up in minor emergency with bruises and a hand sized welt across his face. DHS stepped in, kid went to family members whom were fighting for him from day one. Can't you hit up ol' JB?? Seems to be in the know about these things.
 

tRidiot

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I have no answers, but I hope there's a positive outcome. Just saw a situation similar to this, dad put a scalding hot bottle in the baby's mouth and burned him. DHS gave him a chance. Two weeks later, the kid ended up in minor emergency with bruises and a hand sized welt across his face. DHS stepped in, kid went to family members whom were fighting for him from day one. Can't you hit up ol' JB?? Seems to be in the know about these things.

DHS has been... less than helpful, in my experiences. :(
 

okietool

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In my very limited experience, if it went to tribal court, DHS won't get involved.

If it's in tribal court an attorney that has some association with the tribe may be the way to go.
 

dennishoddy

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I don't know about tribal courts, but when I got a divorce and sat in the courtroom all day to be the last case of the day, I heard so many stories from both men and women trying to make their soon to be ex spouse into a dirty perverted drug/drunk so they could get full custody, that I understand why the judge in this case interrupted her.
She may have been 100% correct, but one has to prove without a doubt that the soon to be ex spouse is actually how the other spouse paints them. Standing before a judge with unsubstantial evidence will always fail.
 

EhlerDave

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I would make sure when it is his time to have the boy to make him come pick him up. If he smells like he has been drinking refuse and call the law to have him checked out.

Odds are he wont show up. I know when family has been divorced they had to go pick up the kids, could not just send the newest live in to do it, makes it hard when you have no DL, or insurance.

I wish you the best of luck, just keep at it, make calls each time you have an honest complaint. I hope the young fella does okay.
 

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