Guardianship of our nephew is now official (Long)

To update everyone since I posted this thread describing how we were awarded temporary custody of our nephew, Eric, here is what happened at our court hearing last week.

The court hearing was to officially appoint Mrs. D and I as legal guardians for Eric. Nothing is temporary about this. K (the deadbeat mom) and her deadbeat loser ex-husband, both decided to show up for the hearing. I was initially worried about this as they could have protested the appointment. As it turns out they didn’t say a word. We were prepared so it would have been no problem to get the appointment anyways. We had Mrs. D and myself there as well as our attorney and the Family Services case worker, all of whom were there to testify that we were the best people to be raising Eric.

This was a formal hearing, so the Judge called up Mrs. D and had our attorney ask her questions confirming that the situation has not changed with K and her ex. What I liked was that the Judge was very personable and made us feel comfortable during the proceedings. He made sure that we knew what our rights were with Eric, and also he made sure that K and her ex knew they had no legal rights to him. He emphasized that Mrs. and I were now the decision makers in all aspects of Eric’s life. This will be permanent until either K cleans herself up, or until Eric is an adult. As I have said before, Mrs. D and I are prepared to raise Eric until adulthood.

To bring everyone up to speed on what K has been doing since my last post, she ended up losing her job at the convenience store because she just couldn’t pick up using the the cash register. This was only after 2 weeks being there. She has tried applying to a couple other places as a dog groomer (which is what she is trained to do) but they didn’t hire her either, I think because they left her messages to get back with them, but she never called them back. All this is no real surprise to me. When your only worry is when and where you are getting your next fix, the rest of your brain tends not to work so well.

Eric’s father (the ex) has been homeless and in and out of jail for quite a long time. The last time he was thrown in jail, his car was impounded along with all his stuff. He has taken to squatting in my in-law’s back yard in the playhouse they have set up for the grandchildren. He’s been run off of the property at least 3 times over the past couple of months. My in-laws are gone on vacation this week. I told them I would keep an eye on the place and who was squatting out in the playhouse again? Yep. It was the ex. I ran him off and called the police, though they said there wasn’t much they could do if he was gone.

My in-laws… man do I feel sorry for them. They have been dealing with this stuff ever since K was 15. The funny thing is that they still won’t kick K out and let her hit bottom. The night before the hearing, K (who’s driver’s license has been suspended for the past few months) stole my in-law’s van, went out bar hopping, then came home stinking drunk. FIL threw her out, but who knows how long that will stay in effect. When he told me about this and that he kicked K out, I responded with, “Again?” They are just enabling her behavior by letting her stay with them, but I honestly don’t know if they are able to give her the “Tough Love” she really needs. Because FIL refuses to let K completely hit bottom, I’ve lost some respect for him, which is sad because I really do love my in-laws.

Somehow I get the feeling that K is now going to get worse because she now doesn’t have Eric, and the number of “incidences” are going to rise. We will see, I guess. For now, the melodrama continues. The important thing is that we have Eric and can keep him away from most of that crap.

Congratulations to all three!

K is gone. I’m sorry, but from what you’ve described, she’s gone.

You and Mrs. D, are heroes for taking Eric and volunteering to raise him. You guys really are doing something tremendously good, and have earned the respect of a lot of people here whether they post to say so or not.

Who determines the former, and how?

Congratulations to all of you!

Mrs. D and I determine when. As for the how, she has to show us proof of the following:
[ul]
[li]Successfully complete a drug treatment program[/li][li]Shown us through a drug test that she is drug free[/li][li]Seen a psychologist[/li][li]Successfully completed a parenting class[/li][li]Has a steady job[/li][li]Has some sort of housing[/li][/ul] Basically she has to show responsibility in her life. As it stands now, she still thinks that if she can find some rich guy and shack up with him, she can get Eric back and that is most definitely not the case. We also know that she doesn’t want to go see a psychologist. Basically she has never grown up and is still acting like a 15 yr old. When she demonstrates to us that she is a responsible adult, she will get Eric back. I don’t think it will ever happen, but she might surprise us too. We will see.

Eric has been having a hard time adjusting to life with us, but that was to be expected. He is in a new home, at a new school, and now has to deal with the discipline that we expect our other kids to follow. It will be hard for him for awhile. We understand this. In fact we have a counselor appt set up for Eric in the next couple of weeks to hopefully help him make the adjustment.

That’s great news for Eric, and I’m happy for all three of you.

If you don’t mind my asking, what’s become of M, the older sibling?

Awesome. The first day of Eric’s new life. I wish you all the best going forward.

Congratulations, and good for you doing the right thing.

I’m no psychologist, but I might suggest that it would be easier for Eric if this wasn’t thought of as temporary. I know you’re willing to raise him to adulthood, but if I were a kid from that environment, I might not settle if I thought there was ever a chance I’d go back to mom. Frankly, the idea that she may get herself straightened out and regain custody is scary, because who knows how long that “straightened out” period will last? And it might be harder for him to bond with his new family as parents and siblings if he thinks it could be ripped away at any time.

Again, congratulations!!

StG

I don’t know if I ever mentioned much about M in the past, so good question!

M just turned 16 and has been doing very well in school. He just got his first report card of the year with 5 A’s and 2 B’s. My in-laws gave him one of their cars for him to drive to and from school, and M just loves it.

M has consciously removed himself from his mother’s care and is now permanently living with my in-laws for the past 2 years. He is tired of all the crap that K has been causing and knows she is unreliable. In-laws have not pursued taking custody of M for whatever reason I cannot fathom. As I said earlier, they just won’t let K hit bottom, and taking custody of M so that K has absolutely nothing is something they either cannot or will not do. But they did get her to sign a release stating they could make school and medical decisions for M so that is something I guess. I’m sure K doesn’t want to lose custody of M as that would mean her meal ticket of food stamps would completely dry up.

StGermain:
You are correct. We should have that discussion with Eric pretty soon so that his expectations aren’t shattered after the end of the school year (Which is what we initially told him would be how long he would be with us at least). Now that we have the authority we need to start using it.

That also goes for Eric’s visits with K. Technically she can see him once per week and have him every other weekend. I’ve been telling Mrs. D that we need to start controlling the circumstances more surrounding those visits. As it stands now, ever since we were awarded temporary custody K has told us when she would like to see him. I think we need to turn it around and start dictating to K when she can and cannot see him and under what circumstances this can happen. Right now when Eric spends time with his mom, whether he knows it or not, he starts welling up with anger. He get extremely testy and irritable, and this is because she has always been unreliable toward him. Now he is seeing what “Normal” is like with us and I think it is starting to affect him. Another reason for him to see the counselor soon.

How old is Eric?

It is encouraging that the older brother has a job and does well in school. For good or bad, his “family” is who he will look towards as normal for quite some time. Having an older brother who most likely has said “Mom is shit.” enough times may have made it sink into his head and NOT have him have delusions of life with his Mom if it hadn’t been for you mean folks.

I don’t mean to sound harsh. I have a friend who got custody of the child he thought was his because the deadbeat/druggie Mom was a deadbeat/druggie Mom. She was ok for a few years, but then started running away and causing a ton of problems. She is now back with her Mother and learning the realities.

Unfortunately, those sorts of screwed up people put all kinds of notions in kids heads. They fester in there for a long, long time. I’d make sure he got counselling that will specifically address why he isn’t with his Mom, when he is able to comprehend it in a meaningful way.

Little kids love even the shittiest parents.

And please, give Eric a hug from me.

Eric is 10 and in 4th grade. You are right. Those screwed up people do put all sorts of notions in a kid’s head, which is why I am pushing for more strict rules on visitation from K. As far as I am concerned, K and her ex are toxic to her kid. He spends time with them and we do have to sort of deprogram Eric for a little while afterwards. I figure it will take a good year for him to get adjusted to life with us and probably much longer to resolve the situation with his mom in his own head. In the mean time we are doing our best to keep him safe and provide for his needs, which were grossly neglected by K.

Does Eric understand what this court decision means? Absolutely let him know you and your wife are in it for the long haul. He needs to know where he stands, and that he can count on somebody. I definitely agree with limiting and regulating when and how his mother can see him. She’s not good for him, it’s just confusing. It’s good that he’ll be seeing a counselor; it’ll be easier for him to figure it out that way, than to hear it from you. With you telling him, he may feel a need to defend her.

You’re giving this little guy a future, what a wonderful gift. I hope everything works out for all of you.

How are your own kids with this, now that it’s a done deal?

We have explained to them the situation with K and her ex and that Eric needs to be away from them for awhile. They are quite ok with it. As far as they are concerned, they are happy to have another kid around to play with.

Congrats to you and your wife on your new family.

The world is a much better place when another human steps in to be a positive role model for its youth when the parental unit(s) are unable or unwilling.
Best of everything to you and yours!

Many, many congratulations, and you two are my heroes as well. You are doing a good and valuable thing. Thank you a thousand times over for stepping up to the plate and doing what needs to be done. Saving a kid is not easy; but you are literally giving him a shot at life, a future to look forward to rather than the dismal one he had with his bio-parents.

Congratulations and respect.

Forgive me if this has already been answered elsewhere, but may I ask if you already have children of your own?

I am very curious, because there is a possibility that we may end up in a similar position (wife’s sister’s child may need such support from us), and we have a younger child already.

Congrats, and kudos!

And thank you for planning to get Eric to a counseler. I think that for it to be effective you have to accept that Eric may benefit from seeing a counseler rather regularly for at least a year, and maybe longer. I’m not trying to claim that counselling is a any kind of magic fix - just that he will likely benefit from having a responsible adult who isn’t you or your wife to talk to, and to mediate between you, if that could prove useful.

Good luck to your expanded family.

Here’s hoping K. will hit bottom and start coming back.

Yes, we have 4 children of our own: 11, 9, 7, and 4. So Eric will fit right in, so to speak. That was one of the other reasons why we decided to take him. My wife has two other siblings with families of their own, but BIL #1 has 2 girls, BIL #2 has two very young kids and plenty of financial problems. So they both are not able to take him. We are doing ok financially and we have 3 boys (out of 4 kids… my youngest is a girl) that are close to Eric’s age, so we really were best suited in the family to take him.