Temporary costody, How do I get it?

[cwilliams2369]

How do I get temporary custody of my sister's kids if she's going to jail today and has left no one Designated to watch her kids while she serves her time? She's just left them to fend for their own between 5 different people which none of them are fit to watch her kids, nor are related, and cannot take them for medical attention if it's needed. Also, I live in Kentucky. Please help.

[ocean]

Go to your family court office and ask the to file EMERGENCY custody papers of your sisters children. This will get you in front of a judge to day and get a decision. If that does not work, go to your department of children's services, and have them go get kids and ask if you can be the placement for them while sister is away.

[cwilliams2369]

okay, second question and some back info; my sister and her husband, were caught selling pills and they both had to serve 5 months in jail. the judge let them break their sentences up so that the kids were watched, her husband went first then within the a week before his release, she turn our family's life upside down. I mean, she did things not even jerry springer would touch. anyway, she kicked her husband out of my parent's house and told him she wanted a divorce so he left. he was supposed to watch the kids while she serve. Today at 1 pm, she has a hearing before they take her to jail, she plans to tell the judge that she can't go in because her and her husband spilt up and now there is no one to watch her kids. after she tells the judge that, what's going to happen? because i also don't want to file if she'll be able to stay out and watch her kids. But I'm also scared they will take the kids and put them in foster care and i won't know how to get them...

[cwilliams2369]

Anyone? I've tried calling legal aid, cps, all for advice. cps said that if i didn't have an proof my sister could pick who ever she wanted as long as someone was in the house. and legal aid stated this wasn't their type of case and couldn't help me. mostly just need my second question answered now.

[Giggles]

Is there anyway you could attend the hearing with your sister.  If the judge says too bad to her she has to serve her time....then you could step forward for the kids?

[jgaff78]

Not sure if this will help you since she's already had the hearing, but usually if a person doesn't make proper arrangements for their children prior to going to jail, it's considered neglect and children's services will step in. Usually the family members of the children are asked to take custody rather than placing the children in foster care. Foster care is generally reserved for when family members are unwilling, unfit, or unable to care for the children. If you haven't already, call and make a report to children's services explaining the situation & that you are interested in becoming their temporary guardian. Be aware however that, depending on your sister's history with illegal activities, children's services may deem that she is unfit to care for the children and you may end up as a guardian even after she has completed her sentence.