My sister's kid's ( 9yrs and 1 yr old at the time) were taken from her and given to me because her husband, the 1 yr old's father, molested the 9 yr old. After two years of court the judge made me their legal guardian. (the courts seem to have forgotten what happened to the 9 yr old because her husband was never put in jail) now after a year our lawyer called me and sayed my sister talked to the judge and is filing an appeal. And we have to be in court in less than a week. The kid's are now 12yrs old and 4 yrs old. We went to court Thursday and the judge ruled the 12 yr old stays with me but the 4 yr old has to go back with my sister. They were supposed to pay child support to me -$50 for each child- since I had them I never received any support from her, her husband, or the state. And the judge ruled since I put them on my income tax that would cover their back child support. OCS, the D.A. the 12 yr old's theripist, -basicly everyone involved with the case thinks both kids should stay in my care. My sister has stated MANY times in front of OCS, lawyers, and the judge that she does not want the 12 yr old because "he's lying". And the 12 yr old sayed the mother had knowledge of the molestation
The morning after court I called her and asked if we could at least see the 4 yr old. She sayed no. my lawyer is helping me file for adoption of the 12 yr old.
What rights do I have as an aunt to see him?
What rights does his brother have?

What exactly happened to the husband ? Was he formally charged ? Was there a deal made ? Is he on the registered sex offenders list ?
The fact that he isn't in jail doesn't mean something isn't ongoing. That really needs to be checked out. He / they should have been ordered by the courts to be evaluated before any children went back under their care.

Need a little more information to give you the help your seeking as far as advice runs. Also what state is this in ?

I live in Louisiana. They live in Arkansas. They said the reason he wasn't arrested is because the complaint was made in Louisiana not in Arkansas. The husband was never charged.they were evaluated and his psyciatrist says he shouldn't be around kids under the age of 18

Do you have proof of any of this or is this all handed to you by what someone has said ?

Is your sister still with her husband?

However, I hate to tell you but you as an aunt have almost no rights if legal guardianship was taken from you.

Every bit is documented through OCS and through my lawyer. But the problem is before the court they divorced- it's just a strategy she even asked the judge if it was OK for them to get back together

This judge only has about two weeks left to retire, and we heard he was trying to close out all of his cases. Workers at OCS told us that judge always makes bad decions- some kids he has returned to parents got killed on count of neglect

So file an appeal.

The husband was asked directly if there was any molestation or rape in his family and he said no. we found out his father just got out of prison serving 10 to 12 years for molesting his two grandkids- both minors.

the husband was asked directly if there was any molestation or rape in his family and he said no. we found out his father just got out of prison serving 10 to 12 years for molesting his two grandkids- both minors.

If he said this during the hearing then you can file a motion to overturn based on purjury of the party in conflict. You need to bring this evidence before the courts. You may even wish to seek a motion for trial concerning this. Not sure what your state is like in the courtroom but in Cali the difference is that a hearing is usually granted a short period and a trial can last much longer so all evidence can be heard and entered ( also more expensive ). You might also think of hiring a private detective to watch her house for awhile so you can document him living there. Usually in cases of molestation there is a ruling that a person must stay away from children. Good Luck.

The last court, the one that ruled the 4 yr old had to go back with my sister, OCS was not at the court and our lawyer could not cross examine any evidence or witnesses