Family Law Questions? Ask a Family Lawyer Online.
Hello, how are you today?
So you are wanting to basically take temporary custody of the children while she enters a rehab?
I am sorry to hear about your sisters situation.
Ok. Here is the problem you are going to run into. The documents that you draft, no matter your intention or her situation may be contested on the basis that she is still married to the father of the children, and there in AZ, subsequently CO, without his consent. Otherwise, you could seek to effectuate certain documents that would allow you to make medical decisions for the children, and to enter them into school etc. In order to do such, you could draft a power of attorney vesting custodial rights in you temporarily, that a school or medical professional would recognize.
So to answer your question, in short, she could try and draft documents to provide you what would essentially be temporary custody, and vest in you decision making power with regard to schooling and medical decisions, however, the documents could fail on their face, because the father is still the father, and they are still married.
Does that answer your question?
Unfortunately, the only time they would have a say in the matter were to be in a divorce proceeding, otherwise, those type of decisions are up to the parents.
The only way that he would be liable for child support is if a divorce action is sought, but they may be an incentive for him to go through with an uncontested divorce.
You are welcome, does that answer your question?
Please provide a positive rating prior to leaving if it does.
Great, please do not forget to provide a positive rating prior to you exiting the chat, and good luck to you, your sister, and the children!