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My neice and her boyfriend have had problems (law and DCFS)

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and now they are (in...
My neice and her boyfriend have had problems (law and DCFS) and now they are (in my opinion) not taking good care of their 3 kids. The kids complain of no food to eat and mom and dad always fighting and screaming. Two of the kids are on ADHD meds that the parents pick up but do not give them the pills. I would like to know what I need to do to try to get guardianship of them. I'm sure they will not sign papers willingly because they receive aid.
Submitted: 6 years ago.Category: Family Law
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Answered in 1 minute by:
7/1/2011
Family Lawyer: GeorgetownLawyr, Family Law Attorney replied 6 years ago
GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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Hello, My name is XXXXX XXXXX I'll be helping you resolve your matter.

Please remember there may be a delay as I may be helping other customers.

Do you know who the DCFS caseworker assigned to the case was?
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Customer reply replied 6 years ago

No, I do not know a name, just that it was a woman. I did not contact DCFS, just aware that they made a home visit on 6/28. I do know that it was not the first time DCFS has made a housecall.

 

Family Lawyer: GeorgetownLawyr, Family Law Attorney replied 6 years ago
are you prepared to contact DCFS again?
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Customer reply replied 6 years ago
No, they are no help - my understanding that they did not even question or look at the kids.
Family Lawyer: GeorgetownLawyr, Family Law Attorney replied 6 years ago
Well as an aunt you have no right to get guardianship of the children. You have no basis to go and file anything in court. So unless you get DCFS to go in again and remove the children, you cannot file for guardianship. if DCFS removes the kids, they will then look for the nearest relatives to place the children with and that will start your path to legal guardianship. Absent that, an aunt has no standing to sue for guardianship. I'm sorry but I cannot lie to you. I hope this helps clarify.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
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Customer reply replied 6 years ago

I understand that I have no right to take the kids, I was wondering what next step would be if I can prove them unfit and going off leaving kids home alone (oldest is 10 and youngest is 5). Police have been notified but do not show up until after one of the parents have gotten home.

Also, if parents go to jail, do I have a right to file for emergency guardianship without their consent?

Family Lawyer: GeorgetownLawyr, Family Law Attorney replied 6 years ago
To prove them unfit you have to contact DCFS each and every time and keep reporting them, eventually an investigation will occur. If the parents go to jail and IF you are the nearest relative you can file for emergency guardianship but if there is another closer relative...say a grandparent, then that person would have a superior right to guardianship than you do. I hope this helps clarify. Thanks and please be sure to click ACCEPT so that I may be given credit for my time and answers. Best regards.
GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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