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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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We have temporary custody of my wife nephews age 7 and 10.

Customer Question

We have temporary custody of my wife nephews age 7 and 10. Father wants custody back of his children, but his previous record of behavior is stoping the process. We want to give them back to him or turn them back to DCS because it is too much us. We talked to a lawyer and he told us the he needs to place another motion but in the mean time the kids needs to remain with us. The judge gave the kids to my wife 22 months ago in a temporary basis custody. My wife does not want to keep them permanently. What we should do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

Is there a limit on the Temporary Order from the court? If there isn't then a Motion to Terminate the Temporary Guardianship needs to be filed. I suggest that the court will then order them into foster care if the Father's efforts to gain custody have not come to full circle.

If they are unruly or threatening, you can contact DCS and tell them that your are concerned for your welfare and that of your wife and ask them to take custody in the meantime.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you