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    steph123's Avatar
    steph123 Posts: 1, Reputation: 1
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    #1

    Aug 7, 2008, 03:45 PM
    How to get custody
    My sisters and brother where taking from my mom . There 4,7,8 years old I'm 26 years old and married I don't know must about the court system and I would like to take care of them myself how do I get them back from h.r.s children and family services and be able to care for them myself. Please someone help me.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 7, 2008, 04:01 PM
    Quote Originally Posted by steph123
    my sisters and brother where taking from my mom . there 4,7,8 years old i'm 26 years old and married i dont know must about the court system and i would like to take care of them my self how do i get them back from h.r.s children and family services and be able to care for them my self. please someone help me.

    In my area you would have to go to Family Court and petition for (minimally) guardianship and (the maximum) custody.

    Some of this depends on the State you are in - do you have visitation with them?

    I hate personal advice on the law boards - but you are to be commended. You are trying to do a great thing!
    Credendovidis's Avatar
    Credendovidis Posts: 1,593, Reputation: 66
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    #3

    Aug 7, 2008, 04:02 PM
    If you can afford it, get a good attorney.
    If not, go to the nearest university and speak with the people of the law department. They have a free or near free advice system, so you can look into the matter before you have to spend money on an attorney!

    You refer to h.r.s children and family services, so I assume you are in GB !

    Good luck !

    :)
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #4

    Aug 7, 2008, 04:02 PM
    You can start by contacting the agency that has custody if them. Sometimes they will award another family member temperary guardianship. Then you file in court for full custody or if they won't voluntarily release them then go straight to court.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Aug 7, 2008, 04:03 PM
    Quote Originally Posted by Credendovidis
    If you can afford it, get a good attorney.
    If not, go to the nearest university and speak with the people of the law department. They have a free or near free advice system, so you can look into the matter before you have to spend money on an attorney!

    Good luck !

    :)


    In fact in many areas because the children are blood relatives you don't need an Attorney - Family Court can be very welcoming in this type of situation.

    You don't know until you ask them.
    bluejeangal's Avatar
    bluejeangal Posts: 24, Reputation: 2
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    #6

    Aug 9, 2008, 07:42 AM
    I went through the same thing when my son passed away and his wife remarried. The state took her rights away and we took the children and adopted them so they wouldn't be put into the system.We went through the process of becoming foster parents, criminal check, ability to be able to afford to provide for them ( don't worry too much if you don't have the finances, as some states re imburse you with some help) the system is slow, but they are looking out for the best interest of the children.
    Everyone is correct in their assessment. You go to the Children's Services that have custody of them and apply for Relative Guardianship/ tempory care. You may have to become a realtive foster parent in order for them to be eligible for placement with you, as per some states. When their next court date comes around hopefully they would have conducted their investigation of you and anyone else who will be around the children.
    I am 51 yrs old with 4 children/ 3 with special needs and I have never regretted one day that they have been with me. It has auctually been a joy to hear their laughter and see their smiles and know they are doing OK now
    Are you in the same state as the children, as that can make a difference in how long before they could come and live with you. And if an attorney is pertinent to your case.
    Also, if the state has taken them from your mother then there are issues there. Please also look into getting them mental help as unresolved issue going on with them due to the circumstances affects children's thinking and most states demand that they seek counceling.You will need an attorney once you have put in for custody, as the state has custody of them now and will continue to have custody until they are permanently placed or returned to your mother.

    I think you are a fantastic person for thinking of/doing this for your siblings. You may have a rough road to go, but you are giving them family unity and helping to keep their world as normal as possible.. and that will help in their road to recovery.

    You can get a free consultation with most attorney. I recommend this, as they will direct you for your state law and recommendations
    Good Luck
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