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  1. #1
    Join Date
    Jul 2012

    Question How to Get Guardianship or Custody of Niece and Nephew

    My question involves guardianship in the State of: West Virginia
    This is a really messed up situation but I'll try to keep it brief...
    My sister in law is a drug addict with a history of drug use. Her boyfriend and the father of her youngest (1yr old girl) is a hard core drug addict and dealer. SIL has had cps on her for a while now. (bad living conditions, staying at convicted child abusers with the children and drug use) And has had the children removed. She got them back and took them to North Carolina to her brother and his wife, (who are child abusers, they had beaten their infant son 8 years ago and he was placed in foster care and adopted by his foster mother.)
    My SIL is now back here in WV and asked my husband and me if we would take her children. She says she wants to go to rehab and get better and get her kids back.
    I have spoken with her case worker and told her everything I know. Which is according to my SIL...(children have been exposed to drug use and possible molestation and are now in the care of covicted child abusers in NC)
    The cps case worker asked me lots of questions and talked like she wants my husband and I to go get the kids. She said she will be in touch to let me know the next step.
    The kids are 1 and 5. I told the case worker we want the children and SIL wants us to take them. SIL don't have a job or a place of her own... No one even knows where she is right now.
    My question is... how is all this going to play out? Will we obtain temp. guardianship? Or is it possible we could try to get full custody of these kids? It seems like there are so many things that are going on here and cps seemed unaware of most of it. I don't even know if the kids have been to see a doctor yet. Cps lady says she can't tell me much yet, which I understand. But if these children have been hurt is it possible for my husband and I to get custody? If not, how long would we be able to keep the children with just temp. guardianship?
    I don't want to keep these kids from their parents. However with the continued hard drug abuse and the possibility of molestation I DO NOT want those children to go back to that! I just want to keep them safe as long as I can. What should our steps in this be? This is all so new to me and over my head so any help would be greatly appreciated. Thank You.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How to Get Guardianship or Custody of Niece and Nephew

    We have no way of predicting the future for you. Mom apparently isn't around to tell the people who are looking after the kids to give them to you; you haven't told us what dad wants. CPS in West Virginia has no authority to act in North Carolina, but perhaps they're coordinating with CPS in North Carolina? You would have to tell us.

    You can talk to the case worker about whether this would be an in-family placement through a protective services action, or if she's suggesting that you go to court and obtain guardianship once the children are in your custody.

  3. #3
    Join Date
    Jul 2012

    Default Re: How to Get Guardianship or Custody of Niece and Nephew

    Cps has been trying to reach mom. I'm sure she'll get back in touch. She's just been bouncing around from couch to couch.
    As for Dad. I don't know where he stands. He has one daughter in foster care now. I don't think he really cares. But I can't say for certain as I have not been able to speak to him.
    And like I said before cps can't tell me much right now.
    With the info I have given cps I would assume they will be coordinating with NC cps.
    I plan to speak with cps tomorrow to see what they advise.
    However I guess I was looking for advice as to considering the circumstances to this case, with the info I have, how would we go about obtaining any kind of guardianship to these children. With or without parent consent. Or, obtaining custody in the event that the children have been abused.
    I'm worried they might in up in foster care or worse, back with their parents, who I feel are not fit to have them in their care.
    Mom has already given one daughter up. My mother in law is also now doing drugs with my SIL.
    There is no one else within the family to take these kids. Thanks.

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