Legal guardianship?

Question

My sister has been missing since Monday. She has an addiction problem and I think that this is related. The father of her 2 children, ages 9 and 7, also has an addiction problem. He is also a criminal (dishonorable discharge from the Marines for stealing weaponry) and violent. His mother, his father and my sister all have Protection from Abuse orders on him. He is a pathological liar, and can get any judge to believe him. The children have not seen him for almost 4 years, they've been staying at my mother's house, along with their 4 year old sister (different father) and my sister. Since my sister's disappearing act, the children's father has gotten wind of the situation and gone through the motions to get a custody hearing for this coming Monday. My mother is disabled and is unable to care for them full time, so I was wondering if I have any rights as their aunt.

I live with my mother, I'm 19 years old and have a full time job and a major insurance company, with full benefits however I only gross $22k per year.

Is there anything I can do?

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Answer 1

Custody involves family court. I assume your sister has legal custody. Little permanent change will happen until a family court so orders. If your sister hasn't cared for them for a relatively short time (since Monday) I don't think a court will do much right away. The main thing is the children's welfare. With the mother not around, the court may order something like a temporary custody in favor of the petitioner (the father).

The main concern is the welfare of the children. I doubt your standing as aunt will have more weight than the father's standing. The negative factors (military crime and violence) would keep him from Father of the Year, but may not keep him from temporary custody.

Can you find an attorney on short notice who'll go with you? If not, can you go by yourself? You have good points- you're responsible, and you care for the kids. Be careful with letting yourself get into a name-calling session about "thief, abusive, addict, etc." Emotions don't wash in court; facts do.

What seems telling is his lack of contact for four years. See if you can bring this out more. I find it difficult to believe that he's been in the area for four years but hasn't seen his children in all that time. What might also count is the nature of the protection orders- is he allowed near the kids?

And it might not help to emphasize your mother's disabilities- this affects her ability to care for the kids, and that goes back to their welfare. Perhaps the two of you could could team up. A grandma and an aunt are family.

If your sister re-appears, don't give up. An addict who disappears may not be able to care for her children.

Good luck and have a great New Year's!

Answer 2

Fight for custody. Just see what you can do. If you can get custody of all the children the father will be ordered to give you child support so don't worry about money.