If my sister gave me temporary custody of her 2 children due to a drug conviction, what rights do I have if she wants them back?

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If my sister gave me temporary custody of her 2 children due to a drug conviction, what rights do I have if she wants them back?

My sisters and the father of her children were arrested at a drug raid at their house. They both were sentenced to time in prison but have now been paroled out. My sister signed a paper that gave me and my mother temporary custody of the kids. She and the kids live with me now but I believe she is going to try and take the kids and move back in with the father, into the house that was raided. I do not want this to happen. Basically I’m trying to figure out what rights I have, what rights she doesn’t have and how to prevent the kids from being moved back into the house. First off, the house has always been a crack house – from drugs and needles they have done it all and the house is a disgusting mess – roach infested, generally unsanitary, etc.).

Asked on January 2, 2013 under Family Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you solely have temporary custody of your sister's children you solely have custody under the terms of the agreement that you have with her. Given the concerns that you have for your niece/nephew I suggest that you consult child protective services and a family law attorney as to filing a petition for you to have full custody of the minors.


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