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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Hi, please help clarify a tough decision i need to make....i

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Hi, please help clarify a tough decision i need to make....i am a physicXXXXX XXXXXving in another state from a teenaged nephew who has been hospitlaized twice for mental health (depression) by involuntary hold. My sister has only gotten angry after the first time (3 mos ago) and blamed her adult daughter because that niece is his only caring support. my sister has now threatened to take away everything in his room and essentially ban him from going to visit his sister's bedroom (by locking him out) so that he has someone to talk to. She has blamed him for her turmoil, and my sister's live in boyfriend is a big cause for my nephew's issues since he has felt "replaced" by this person who doesn't work and free-loads, sits around all day smoking and watching TV. My sister failed to have my nephew f/u with counseling, psychatry for the medication f/u appt and has refused to acknowledge that he has any problem, rather blaming him and my niece all this trouble brought on her (my sister). Is this "medical neglect" or 'emotional child abuse"....as a mandatory reporter, i would do that here, but i am not the physician for him, and i am afraid that cps won't do anything and she will take it out on him and my niece for causing her even more trouble. My niece wants to move out and take guardianship of her brother, but financially cannot afford that. i am unable to take him again b/c not in same state, he is a minor and i haven't talked to my sister in years, and i have 2 young children, a very stressful job, and some stressful medical issues of my own and with my husband that makes taking on a troubled teen too difficult right now, and it wouldn't be good for him if we weren't rock solid emotionally. I don't want my sister to create a "jail' for my nephew so that he is isolated from his sister, the one true person who is trying to help him, and then have him impulsely kill himself out of abandonment and desperation. What can I do from so far away? i encouraged my niece to contact local authorities and ask for advice, report her directly witnessed accts to the inpatient behav center and cps but she is worried about her mom turning even more on her, too.

Thank you for your question. Please permit me to assist you with your concerns.

Ugh, that sounds absolutely terrible. I truly feel very sorry for the child who is obviously not obtaining the care and is not being provided what he needs to get past this issue. You as a stranger can only do two potential things. First, you yourself can consider filing for an anonymous CPS report and request that they investigate this situation. Second, if you can, you could potentially file for guardianship on your own and claim that since the other parent is engaged in potential neglect and a refusal to properly and adequately care for her son' medical needs, she is 'unfit'. This may well be considered child abuse and parental neglect--not the taking of his toys or item but for failing to seek assistance. I truly hope that you can potentially consider helping--CPS does tend to favor relatives in cases such as this and if they find her unfit, they would seek out relatives first before the children would be placed in foster care..

Good luck.

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