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  1. #1

    Unhappy Getting Legal Custody of My Nieces

    My question involves a child custody case from the State of: FLORIDA

    My question is regarding my 2 nieces. They are children of my brother's, who is now deceased. Their mother has/had full legal custody, until 2009 when she was charged with neglect and possession of dangerous drugs (meth). At that time, she signed power of attorney over to her sister, however the children came to live with my mother. Since that time, the mother was released from incarceration and regained physical possession of the children. At the time they were 13 and 11. The thirteen year old was allowed by the mother to leave public school and sign up for virtual school. The 11 year old remained in the public school system, but soon moved back in with my mother. She completed 2 years of public school here with my mother's care without any legal custody being given by the mother to her. Beginning in August, the younger of the two girls moved in with me and began her 3rd year of schooling in the same school she was in when she lived with my mother. The older of the two has since been enrolled in virtual school (according to the mother, however have seen no proof) but admits to not doing any school work for 3 years now. About 3 weeks ago, the younger girl who lived with me decided she wanted to go back to live with the mother. I have kept contact and have discovered the mother may be again using meth, has active warrants, and as of a week ago has not returned home. Currently my two nieces and their 6 year old half brother are being cared for in another city by their maternal grandmother. I received a phone call today from the power of attorney (mother's sister) asking for me to intervene and take possession of the two girls due to abandonment by the mother, and the maternal grandmother not wanting to keep them. The younger of the girls has since missed 3 weeks of school and refuses to go. The older of the girls has done NO virtual schooling and refuses to leave the home of the maternal grandmother as she is "waiting for the mom to return" and the 6 year old boy has gone to school but not routinely. My question is, what do I need to do for both of the girls to ensure adequate care of their needs, schooling, and get them into some type of counseling (legally). Should I file for custody, get DCF involved, etc... I am a law enforcement officer and have children of my own, with a stable financial and home life. However can not afford an attorney. Any advice would be appreciated.

  2. #2
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    Default Re: Getting Legal Custody of My Nieces

    If the children are being neglected to the point that protective services involvement is appropriate, make the call.

    If you want your nieces to live with you, it's not going to happen without (a) mother's consent or (b) in-family placement during the course of child protective proceedings (if they are initiated and you are determined to be the most appropriate custodian). If the mom consents, see if she'll consent to your taking legal guardianship (through a court) or consider how she might respond if you petitioned for guardianship once the girls were in your custody (i.e., whether she would acquiesce or if she would insist upon the children's return).

    A window to act might arise if mom is arrested and detained on her warrants, or sentenced to jail or prison.

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