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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12468
Experience:  Attorney experienced in all aspects of family law
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my brother is in jail, and i got his kids. it looks like he

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my brother is in jail, and i got his kids. it looks like he may do time, and i talked to the local sheriff about the situation.he said cps will likely take the kids from me and then do procedures to make sure they are ok to be with me. i had custody of the kids previously (4 of them) and the older two never left my house. the younger two moved back in with him after I had them for 7 years when their parents were both out of jail. now they are both back in. the kids are 11 and 14. why would cps take them out of my home if i've had them before? wouldn't it cost the state less to let me keep them and investigate me now? why do my niece and nephew have to go to a foster home because they were neglected by their parents not me?
Submitted: 3 years ago.
Category: Family Law
Expert:  Brandon M. replied 3 years ago.

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. It is a little backwards, but when the state takes custody of children, it's responsible for their well being. It's not the ideal situation, but the safety of the foster homes have been assessed and the safety of your home has not.

Brandon M. :

So typically, someone like yourself would be a strong contender for placement. They would conduct a home assessment and place the kids with you thereafter if appropriate.

Brandon M. :

But again, the state doesn't know if your home is safe, or even if it is safe whether your home is the best place for the kids. The foster care system isn't ideal and it likely isn't the best place for a kids' emotional needs to be met, but the state reasons that the short-care placement in foster care outweighs the dangers inherent in improper placement outside the foster care system.

Brandon M. :

That said, have you ever considered filing for guardianship through the probate courts? You mentioned that you had custody of the kids previously, but it wasn't clear if that was through a probate guardianship, a "CPS guardianship", or something else.

Brandon M. :

If someone has guardianship over children, they have legal custody, so the whereabouts of the parents are irrelevant to CPS. You can find more information here: http://www.gaprobate.org/guardianship.php

Brandon M. :

Let me know if further clarification is needed. Thanks.

Customer: replied 3 years ago.
I actually went to an attorney last time and got temporary custody. I thought it was all finished. I was sworn in in front of a judge and everything. I found out only recently the final paperwork was never filed. I found out AFTER the attorney had passed. They have never been in the system because I got them before CPS came to the house every time or was even called. I actually caused this by asking the sheriff what i should do legally. if I can get guardianship fast do you think the county will not take them? Also, do you think there is a shot that since they know us from the previous situation ( i informed them but they never got involved), they will be willing to not take them?
Expert:  Brandon M. replied 3 years ago.
Yes, it's possible to avoid CPS taking custody of minors by getting a guardianship in place. If the problem is the parents, then a guardianship can nullify that danger and CPS's involvement is legally moot.

As for whether they might be willing to leave the kids with you because of your previous situation, I wouldn't feel comfortable speculating. It's possible, but don't rely on that possibility if you still have time to file for guardianship.
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