Your first step is to report the alleged abuse to CPS. Should they find there to be supporting evidence or claims they will forward to the local law enforcement agency to investigate the allegations. This will include, interviewing your sibling, mother and father. If the evidence and the interviews substantiate your allegations then a criminal case will be opened up against the abuser.
But you need to understand, California is not likely going to issue you or your dad sole custody. The state of California does not not like to separate children from their parents if there is not threat of real or immediate danger. Instead they will go through various steps to include a CPS social work who will drop in from time to time or there will be other avenues involving therapy and counseling.
You likely will never be awarded guardianship. Your father is also a grown man who will need to make an effort to assist your sibling as well.
Not a lawyer but someone who has experience in these types situations.
Understood and disheartened. I am not sure this solution will work out given my mom's delusions and manipulative tendancies. We're also not at the point where we can afford any fees if there are any involved. I'll give what you said much thought but am feeling quite hopeless. I used to tell myself that my mom physically hurting my sibling would be the line and I'll definitely get help when that happens. But maybe help just isn't available.
While it may be disheartening, putting this information in the system can help down the road.
Say she shows up to school with bruising, teachers in California are mandated reporters and if she tells them what they’re from, the teacher is required to report it to CPS. Now you’re developing a paper trail that can documented to help your case.
But again, none of this will happen overnight. Just be a good older sibling and once they turn of age, be the person they have to run to.
If dad is a good dad, he will take steps to protect the child from abusive mom. Such as filing for sole custody. That is the best and easiest step.
That aside, you can report to CPS. They will investigate, but won't necessarily take action, depending on what everyone says during said investigation.
If (and that's a huge if) you have standing to file a suit for custody, you have a big uphill battle. You'll have to show the parents are unfit and that your plan for the child is in their best interest.
Hopefully u/napalmenator will weigh in.
One singular incident of physically restraining a child is unlikely to lead to a removal. At worst, in home services might be requested/required.
Could it hurt to call CPS? Likely not. It would hopefully wake everyone up to what is going on and get people help (they all need it).
Will calling CPS guarantee change and improvement? No.
Can you file for custody and win? Highly unlikely.
Have you tried the approach (you and your dad) of getting your mom a mental health evaluation? Delusions, false accusations, etc. could point to something that could be diagnosable and treated, which could change outcomes for your family. NAL but work with a nonprofit that works in the realm of mental health, mandated reporting, etc.
Your first step is to report the alleged abuse to CPS. Should they find there to be supporting evidence or claims they will forward to the local law enforcement agency to investigate the allegations. This will include, interviewing your sibling, mother and father. If the evidence and the interviews substantiate your allegations then a criminal case will be opened up against the abuser. But you need to understand, California is not likely going to issue you or your dad sole custody. The state of California does not not like to separate children from their parents if there is not threat of real or immediate danger. Instead they will go through various steps to include a CPS social work who will drop in from time to time or there will be other avenues involving therapy and counseling. You likely will never be awarded guardianship. Your father is also a grown man who will need to make an effort to assist your sibling as well. Not a lawyer but someone who has experience in these types situations.
Understood and disheartened. I am not sure this solution will work out given my mom's delusions and manipulative tendancies. We're also not at the point where we can afford any fees if there are any involved. I'll give what you said much thought but am feeling quite hopeless. I used to tell myself that my mom physically hurting my sibling would be the line and I'll definitely get help when that happens. But maybe help just isn't available.
While it may be disheartening, putting this information in the system can help down the road. Say she shows up to school with bruising, teachers in California are mandated reporters and if she tells them what they’re from, the teacher is required to report it to CPS. Now you’re developing a paper trail that can documented to help your case. But again, none of this will happen overnight. Just be a good older sibling and once they turn of age, be the person they have to run to.
If dad is a good dad, he will take steps to protect the child from abusive mom. Such as filing for sole custody. That is the best and easiest step. That aside, you can report to CPS. They will investigate, but won't necessarily take action, depending on what everyone says during said investigation. If (and that's a huge if) you have standing to file a suit for custody, you have a big uphill battle. You'll have to show the parents are unfit and that your plan for the child is in their best interest. Hopefully u/napalmenator will weigh in.
One singular incident of physically restraining a child is unlikely to lead to a removal. At worst, in home services might be requested/required. Could it hurt to call CPS? Likely not. It would hopefully wake everyone up to what is going on and get people help (they all need it). Will calling CPS guarantee change and improvement? No. Can you file for custody and win? Highly unlikely.
Have you tried the approach (you and your dad) of getting your mom a mental health evaluation? Delusions, false accusations, etc. could point to something that could be diagnosable and treated, which could change outcomes for your family. NAL but work with a nonprofit that works in the realm of mental health, mandated reporting, etc.