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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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My brother is mentally incapable of working. His wife is physically

Customer Question

My brother is mentally incapable of working. His wife is physically incapable of working. They have two sons. The first is 8, and has medical issues of his own, but is going to a special school. The younger is 5, will be 6 in February, but the mother won't let him attend school until he his declared ADHD and can also attend a special school--there is nothing wrong with him otherwise. They live near Pittsburgh, PA. She doesn't seem to realize that the local school has a program for ADD and ADHD children, and he would not be going to a special school. Should I be concerned that they may loose their parental rights? I live in another state, and am the only relative financially capable of taking in these two boys--I've asked them in the past to prepare documents transferring parental rights should anything happen. Would this take effect in this case?
Submitted: 8 years ago.
Category: Family Law
Expert:  Jack R. replied 8 years ago.

The parents can be held liable for truancy vioaltions if the children are not going to school. The fact that the parents are disabled is not sufficient to remove the children from the home. Chronic truancy or failure to supervise may be sufficient depending on what the chldren are doing. The question to be asked is whether the parents are taking care of the children, shelter, clothing and food.


If there comes a time when the children are removed they would be taken by the local children's services. These days Childrens Services will try to make a "kinship" placement. Since you are related to the children you would be eligible for such a placement. Your being in another state complicates matters as the local childrens services will need to file an Interstate placement document with the childrens services of the receiving state. It is possible, but the fact the parents are sill in the picture makes this a question of whether it would be permitted.


When you indicated you are preparing documents this would be for guardianship. A court would have to approve any such arrangement. Having them in advance would be useful, but you could also request guardianship at any hearing where the children are being removed from the parents.


Ther are many support groups available, if you indicate what state I amy be able to provide more information.


I would suggest you call the Allegheny County CASA office. They can help you with the options that are available, and can help by recommending custody options should the children become the responsibility of children's services.


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All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.





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Customer: replied 8 years ago.
I currently reside in Northern VA. Although I asked my brother and sister-in-law to prepare guardianship papers, to my knowledge they have not done so.
Expert:  Jack R. replied 8 years ago.
You should contact childrens services in N. Va and ask them about requirements for an Interstate Placement process. You should be clear nothing has happened yet but you want to be prepared.. At least this way you can react quickly when the time comes if ever.