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yellowjellojo · Oct 1, 2006, 01:27 PM

I am 21 years old, married and the aunt of 5 children. Before I start, I am very mature for my age and I always have been. My sister of 5 children (only 2 from the same father) has always had drug problems off and on during her life- she has been going through a MAJOR patch the last 2 years. The 2 children from the same father are with him and doing good, they are the youngest. The other three are 15,14, and 10. They were in and out of the states protective services when they were young. They lived with my family for 3 years when I was growing up. When they are with their mother- there are drugs around them, sex around them, etc... The kids know by now, anything they have that has value has to be kept with grandma. To my knowledge, they have never had the right kind of mother- I won't deny that my sister loves her children, but she doesn't deserve them, and by all rights was not ready to have even one.
My parents cannot afford to raise all 3 children, for a numerous amount of reasons. My father has recently became disabled from an amputation and cannot work, etc... The eldest daughter has been living with a family friend- which seems to be good for her. The eldest son and middle daughter are living with my parents. My sister has not given anyone temporary or permanent custody. They are struggling to make ends meet- raking up debt buying them neccesities like food and clothing.
This situation is terrible and heart wrenching for everyone involved and I want to help. I brought up to my mother last night, me taking custody of the middle daughter. The son is older and easier to take care off and my brother is still at home and a good influence on him. I really believe that it would be the best for everyone. I want her to be able to be a normal 10 year old girl. We live an hour away, so she will not be in the same city or go to the same school. My husband and I have stable jobs and could fanancially afford it. I guess my question is what do you think? And how would I go about legally getting temporary custody of the child? I know her mother would fill out the paperwork.
Please give any advice you can.
Thank you.

s_cianci · Oct 1, 2006, 02:29 PM

You'd have to petition the family court in the county where the mother currently resides. A family law attroney can help you with this.

yellowjellojo · Oct 3, 2006, 10:47 AM

I know this sounds crazy, but is there anyway without involving an attorney? Are there any legal forms?

SINGLE4 · Oct 3, 2006, 11:27 AM

I feel for you! This situation doesn't sound good and yes... I think you are doing the right thing by wanting to take in the 10 year old.

I'm not sure why you don't want to go through an attorney! Maybe you are worried about a long process! It takes a little time to get this done but well worth it knowing this situation! The biological father is going to have to be notified even if it is a temporary situation. In Nebraska, the father has to be served personally with the petition or sent a certified, return receipt letter with the petition and a copy of the praecipe regarding the court date. I don't know if the father is even around but...

Sorry... an attorney is a must! Call around to family law attorneys and talk to them! They don't charge to talk! Let them know that this is a situation that needs quick attention! There are good attorneys out there yet!

Good luck!

Fr_Chuck · Oct 3, 2006, 03:39 PM

I will agree, you may be able to do research and defend yourself in a murder case without an attorney, but you would not even last 10 min in family court without an attorney.

Some courts are even specific as to the font size that must be used on motions or they won't accept them.

The WB · Oct 5, 2006, 10:39 AM

You don't necessarily have to have custody. You can draw up your own papers on guardianship. You and your sister would have to sit down and she could assign you guardianship. Make sure you cover all of the details. Or you could have a lawyer do that. Then have the papers notorized. It costs a lot less than a custody hearing and paperwork. As long as you are a fit guardian, these papers should allow you to get any assistance you need to take care of the children. Make sure they want to come with you and the father is OK with it. That may be a problem if they don't or he doesn't.