what are the chances??

[khaleesi9]

So my aunt and uncle have been taking care of 3 of my cousins kids since May 2016 because she got back on drugs, split up with her husband and both have been in and out of jail. there are a lot of details that I won't mention but I just want to know if there is ANY CHANCE possible that my aunt and uncle could get legal custody. The dad of the kids is in prison at the moment, and the mom (my cousin) is living with one of her ex's in some disgusting dirty house (told to us by the kids, she gets them when she feels like it) I know if she tries to keep them for good they won't be taken care of, won't get to school or anything. Both my cousin and the guy she is with have a lot of stuff on their records. CPS hasn't done anything so far and I am very worried about the kids being around that guy because he can be abusive. I just don't know if there is anything that can be done.

[ocean]

If CPS is involved, someone has custody even if it is temporary. It is very hard to terminate rights but they can try to adopt the children. Your aunt/uncle need to look closely and see what it says. If they have any sort of temp custody the cousin can not just take kids without a court date. Is there a reason aunt/uncle want legal custody? Legal custody means making decisions such as dr appointments, school issues, surgery stuff like that. Since they have been with aunt/uncle for a while , it seems like they are already making these decisions and schools and doctors are ok with it.

[khaleesi9]

It's a weird situation. Basically in May my cousin asked aunt/uncle to pick the kids up from daycare and she hasn't taken care of them since. She has got them for a day or two a few times but that's it. The only way they got enrolled in school was the other grandmother(mom of the dad in jail) got him to sign something so they could be enrolled. Neither parents will give up custody even though neither of them are fit parents. CPS was involved at first but closed the case because the kids are in a good home now. But they also told us it wasn't a good idea to let the mom have them yet they won't actually do anything. Its super frustrating. No lawyers have been involved yet, but I just don't know if there is any chance my aunt/uncle could even get the kids even though they are taken care of with them whereas they are around drugs/abusive people with the mom. HELP!!

[ocean]

Maybe go see a local family lawyer near you for a consultation. Sometimes it is free, especially if you ask a few questions over the phone. It will be worth an hour of their time to go over exactly what they have. Seems like cps put them in the aunt/uncle care but have to see if that is on paper anywhere. If not, a lawyer can ask for immediate temp custody of children due to parents have abandoned them in their care for xx months. You can ask a lawyer how much it would be to just hire them for the temp paperwork only for now. Ask them for ex parte hearing which means the judge will see you that very day so you will walk out of court with custody until a trial. lYou can file this paperwork yourself in the closest family court near you too for free or small fee.

If you start legal paperwork, it may turn into a trial if either parents fights it. Each parent can get some sort of visitation if not custody. You can ask for supervised visitation at first until the parents prove they are drug free and can have a bed for each child. You can also ask for a law guardian for the children which is a lawyer for the children as to where is the best place to live and what the children want.

Good luck!

[MixedBag]

Personally, I would sit tight for 6 months and if you can a whole year.

Keep a log of everything along with a picture journal.

and yes, ask a family attorney in your area for their advice by using their first hour free....because they will know the way the local judge leans and thinks.