Do we have a chance?

[SuzSMof4]

My DH has four daughters (13, 11 year old twins, adopted daughter 8).  He has joint legal custody with BM having physical custody.  BM does not work, she collects SSI because she has a LEBER's disease, (causes blindness).  She claims to be legally blind, but somehow sees when its convienient...but thats another story... anyways... BM keeps one of my SD's with her on my DH's weekend visits, claiming that someone has to take care of her..that she can hardly walk, that she falls all the time, etc.  She also and this is really nasty..makes one of my SD's, usually one of the twins, take showers with her and wash her...and claims its all because she is so sick.  She's a prescription pill junkie!  Makes my SD's go to her "dealers" home and purchase pills for her..and she is also in the selling of prescription meds...as witnessed by my SD's...my DH works on barges, he's at work for 21 straight days and comes home for 21 straight days.  His oldest and youngest wants to live with us, and they have even expressed this to BM...BM knows that in WV the child will be listened to by the judge when child is 14...youngest SD missed over 50 days of school this past year, was put in special education and almost didn't pass 1st grade (she was held back in kindergarten because she missed so much school).  Also, the Skids have lice, its been a continuing problem for three years now..yes, I said three years!  if we were to file for custody of the kids..what chance do you believe, (i know this will be a guesstimation) we would have in getting custody of the children?

[ocean]

It sounds like BM needs a nurse or aide to come in for her. How about taking the kids to a child psycholgist and have theh kids tell them what is going on? I would think that you could get social services involved if the children will say all of that to a social worker. The school absences could be a reason for educational neglect. What is the reasons that they missed that many days. See if the school will write a letter or show you any absence notes (or get a copy of the report card and any medical records). How close are you to them now? Your DH has a hard work schedule though being away that long. That will be one drawback for you but the kids need to be safe. Good luck!

[4honor]

The circumstances need to be a change from the last order and they need to be a detriment to the child.  I would say the almost failing first grade due to absences probably qualifies. Speak to a lawyer.