My sister is physically and emotionally abusing her 12 year old daughter. Welfare don't seem to be doing much as my whole family has called them repeatedly. Her ex now wants custody of her and doesn't know how to go about it. What are his rights?

Get her daughter to cooperate. Bring this case to court. These years nothing impossible can be brought to justice. Once trial commenced, her daughter's confession will assure attract the juries more than her mother's. Ask for transfer in custodian then.

Call Child protective services, and explain to them, that she is abusive, and on drugs. She is the most important thing here. Of course, if you have already called many times, and they still dont find anything, you just look vindictive and that maybe the mom is right, and no one is on her side. If the ex wants custody why isnt he diong anything, why is everyone else doing it???

My neice has been talking to me, her dad and my mum about this. She is very scared of her mum. Welfare let my sister know when they come to visit so she prepares for it and i have gone to councelling with my sister but she lies and downplays everything and now she is no longer speaking to me because i approached her about it. She claims she does it because she has no support from anyone which is untrue as she has plenty of support but doesnt realise it. She also does drugs which don't help her situation.

It depends on the state but some states the child can decide where he or she wants to live at 12. If child services has been in the home why is the child not letting someone know what she is doing to her? or does she not realize there is a problem. Have you or anyone in you family tried talking to your sister to find out why she is doing that to her child? Maybe she does not realize it either.

If nothing else works, go to the newspapers.

You need to document this stuff so that when you bring it in front of a judge you'll have a legitimate case.

Welfare is the wrong place to call.

Child Protective Services/Agency is the correct place. Can't find a number, call the police.

AND if her ex wants those kids he better make that call himself.

Also, he needs to call an attorney - to learn about his 'rights' and learn about the processes that will take place and for filing for custody and all of that.

♥♥♥♥♥♥♥
I’ve been a Father’s Rights Advocate for 20 years.

Many think the courts are rigged against dads, but in reality, it is more about attorneys unwilling or lacking the knowledge to truly fight for the father's rights. This is why it is important to learn how to interview and hire the right attorney. It is also important to do as much as possible on your own and not pay the attorney to do it.

Part of the problem with getting your rights knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the judge.

Always take people with you to court who are not there to testify. Make sure they are sitting where the judge can see them, each equipped with a tablet and pen to take notes. It’s best to use a Court Watch Form designed for this purpose. I have one in the manual at Dads House.

If the judge is not doing his job, using the info from this form, you can, appeal, and/or get the judge sanctioned and removed from the case. You file a complaint with the State Supreme Court at your state capital.

Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation, usually sexual. Over 60% of divorcing father are accused of child sexual abuse, of which only 4% are found to have any relevance, but there are no penalties for doing so. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand.

Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You’re that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state,
http://www.rcfp.org/taping/

Now, you can't just record, you also have to transcribe it into the daily journal.

If you want to learn how to do all this go to Dads House in Yahoo Groups. Upon joining, you will receive a link for downloading a free 200 page educational manual that can teach you what you need to know. Take the time to learn what you can and should do.

http://health.groups.yahoo.com/group/DadsHouse/
http://tinyurl.com/GiveKidsAChoice
http://www.fathersandfamilies.org/
http://www.parentalalienation.org/

http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=27395259