Emergency Custody??

My brother has been married to his wife for about a year now. They have a 2 year old son. They have had a lot of problems even before the baby came around. She has a drug addiction (perscription drugs). She has had this for a long time. When they met she got clean and it was on and off again. About 6 months ago my brother left her because of the drugs and the police told him to take the baby. He stayed with my mom for 3 months and then got back with his wife because she was clean. Well now she doing it again. This time she has been taking the pills constantly and while she has her son. She called the police on my brother because he caught her buying pills in the house with the baby and went off. She now has a restraining order that has both her and the baby's name on it. The police told my brother to take him because she was unable to care for herself let alone a child right now. Well just this weekend she was on a lot of pills again and she was trying to find a job when she overdosed in a restaurant. This is the 4th time overdosing now. They have considered it attempted suicide. She has bipolar, schizo??, manic depressed, OCD and a bunch of other things that she refuses to take her meds for. We are trying to get this out of Boone ounty, IN to bring it to Indianapolis. Right now she is in St. Vincent under watch. How can we get an emergency custody order for Marion cty. Should my mom file (he's staying with her)? Not sure what to do. On the restraining order she states a bunch of false statements that the police have seen him hit her several times and a bunch of other stuff. He has never been arrested never done drugs or anything. One more thing she has 2 other kids that have been taken away and given to her mother because of her problems.

thanks in advance

We just found out that the restraining order that he received the procecutors office knows nothing about. It does not have a signature on it. They told him to come up there and get one against her with all of our names on it so she can't come around any of us.

[msgny]

Did that work?

call a lawyer for a free consultation. she can not falsify documents like that. if he wants to take her for custody, i would get the officer that told him to take the child to write a statement, and if there were any police reports, get those. try and request to the courts during the custody hearing that she take a drug test. good luck

Well he went to court over the restraining order. It was done on the weekend so it hadn't been processed yet that's why there was no signature... I think. The judge gave him temporary custody until the divorce hearing and only gave her 4 hours of supervised visitation. The judge also said he could go to the house to get his things and she had to stay at the court house for and hour until he got done. Well when he got there she had sold all of his things but a pair of pants and two shirts and sold all of the babies things except one toy and his bed. Everything in the apartment had price tags on it. She sold all of my grandfathers stuff that was left to my brother when he passed away. She also sold all of his and my dad's tools. And threw all of the babies pictures in the trash. Well after him and my mom left the police called my mom saying that the wife was accusing her and my brother for stealing money out of her purse. And some clothes of her older son. (He hasn't lived with her for almost a year he had nothing) It's such a mess. He is seeing a lawyer today. Hopefully it will all be taking care of.
She also has been contacting my brother through email saying he is going to be sorry in 2 weeks and he better watch his back. He gave these to the judge and she didn't say anything but the wife has a severe drug problem and anger issues.

[msgny]

hmmm..let us know how it goes.

Well I just wanted to let all of you know, he has gone back to her again. We aren't sure why but they does this same stuff all of the time but this time we thought it was different. A judge just ordered him guardian ship or something like that of his wife since she is not in a mental state of mind. I hope he learns his lesson sooner or later and hope he understands what he is doing to his son. So for now I guess this will be the last of any court issues, at least for a couple of months. Thank you all for comments.

God Bless
Alishia

[quote=Unregistered;8666) How can we get an emergency custody order for Marion cty. Should my mom file (he's staying with her)? [/QUOTE]

your brother, the child's father, is the ONLY ONE who can file for custody, or do anything legally where the child is concerned. you and your mom have no legal standing where the child is concerned, so you need to get the "we" out of your vocabualry. there is no "we", there is only dad

Originally Posted by Unregistered

your brother, the child's father, is the ONLY ONE who can file for custody, or do anything legally where the child is concerned. you and your mom have no legal standing where the child is concerned, so you need to get the "we" out of your vocabualry. there is no "we", there is only dad

First of all I was saying "we" as in my brother and my mother and I. WE (my mom and I) were helping HIM through all of this because HE asked US for help. We (all of us) were told by a lawyer that my mother could get temporary guardian ship because of the whole situation. I was just trying to get some information about what direction to go and what my mother and I could help him do. Second you need to read my previous post about him being back with her before you start stuff. I wasn't here to get criticized for helping my brother.

Thanks
Have a good day

remember everybody can post here so you get all sorts of opinions

that hopefully helps as well