How do I get temporary custody of my nephew and niece if I have their mother’s consent?

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How do I get temporary custody of my nephew and niece if I have their mother’s consent?

The have been living with me for about 6 months. My sister was supposed to be getting her life together but it seems that she is not doing anything to change her lifestyle and is getting into trouble. She says she is willing to give me temporary custody of the kids but how do we do that?

Asked on July 22, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are doing a wonderful thing for not only the kids but for your sister by taking them in.  But I really thin  that you should seek help from an attorney in the area to do this the right way,: through the courts.  If you do it any other way you run the risk of not being able to make the necessary decisions on behalf of the children: for example school and most importantly health related issues.  What happens in an emergency if they have to be taken to the hospital?  Also, if they are placed with you then you may be able to get temporary aid for their care, which would help in this economy I am sure.  Good luck to you all. 


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