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Mzflip · Jul 28, 2013, 10:00 AM

I have two nieces ages 3 & 4 whose mother passed away in march. Since her passing, my brother has had trouble getting custody of them from the courts who gave her sister temporary guardianship. There's a court date coming up in sept to determine whether to grant her permanent guardianship. I am a married mother of five (three already raised and out the house) two ages 7 & 9 are still home. I stay home and my husband works. Our only issue is that we live in Indiana and they in California. Is it at all possible to get them to give the girls to us? My brother would be completely on board with this but I'm not sure how to go about getting this started. The aunt they live with now has a criminal background and is aggressive. She quit her job and got on welfare as soon as she was granted temp custody. The girls are also living with her, her husband, another grown man and a 13 year old son. No other girls live there and I'm concerned for their safety.

ScottGem · Jul 28, 2013, 10:06 AM

Why didn't your brother (I assume he's the father?) get custody?

There is no predicting what a court will do. The criminal and welfare status of the aunt will help you, but being out of state will hurt you. You just need to present the best case you can.

Mzflip · Jul 28, 2013, 10:15 AM

Originally Posted by ScottGem

Why didn't your brother (I assume he's the father?) get custody?

There is no predicting what a court will do. The criminal and welfare status of the aunt will help you, but being out of state will hurt you. You just need to present the best case you can.

My brother was in the middle of a custody battle with the mother. They were never married and she had full physical custody. For the sake of keeping peace till she was buried, he let the girls stay with the aunt till he got the court papers giving him custody. He asked her to join him just in case the judge wanted to know how they were and when his name was called she bolted up there and told the judge she was the sister of the deceased and she had the girls. Before this every time he and the mother went to court, she had a lawyer and he didn't. She would tell the judge he was homeless ad the judge rolled with it. They recently moved the case from family court to probate and the two judges spoke before the probate hearing. The family judge told the probate judge that he was "less inclined to give my brother his kids". Not once has he been asked about his plans, living conditions, etc. he's been ignored and railroaded.

ScottGem · Jul 28, 2013, 11:30 AM

Well then he should get an attorney. I think he stands a better chance of custody, than you do.