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My nephew is trying to get legal custody of his nieces

Customer Question
My nephew is trying...

My nephew is trying to get legal custody of his nieces because both parents are on hard drugs, homeless. Children ages 5 and 10 have not known a normal home life in about 5 years. 5 year old has not seen physician in 4 years. DSS denied findings for neglect. said he had to get an attorney and get them to state he was seeking custody. He does not have birth certificate, SS numbers. They are from another county, and parents of children have no family in county where they are living under a bridge. All family live where my nephew has children. attorneys are from $5000 to 10,000 . we cannot afford

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

DSS is not very helpful. Attorneys will not even talk without $4200 up front.

Lawyer's Assistant: Family law varies by state. What state are they in?

NC

Submitted: 1 month ago.Category: Family Law
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Answered in 5 minutes by:
3/23/2018
Family Lawyer: Nisha Jones,
 replied 1 month ago
Nisha Jones
Category: Family Law
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 1 month ago

I'm sorry to hear about his situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 1 month ago
ok, thank you
Family Lawyer: Nisha Jones,
 replied 1 month ago

I'm sorry to hear that DSS did not take any action with regards ***** *****

Are the children living in a secure home?

Are they being fed, clothed, and taken to school?

Based on the information you shared, it sounds as though they unfortunately are not, and may be experiencing child neglect.

If that is the case, your nephew can consider doing 2 things.

First, he can consider filing a report directly with the local police since DSS did not act.

Child neglect is actually a crime, and the police can remove the children from their parents' care depending on the circumstances.

Second, he can also file two petitions with the local court -- (1.) a petition for involuntary termination of parental rights, and (2.) a petition for custody/ legal guardianship.

I'm sorry to hear that your nephew has been quoted with some costly fees, attorneys are given wide discretion on the fees they are allowed to set for themselves.

Your nephew can consider trying to obtain a pro bono attorney, who can actually help him with this matter for free.

He can contact the North Carolina State Bar and ask for a referral to a pro bono family lawyer in his area.

The phone number is:

(919)(###) ###-####/a>

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 1 month ago
thank you for your information, we will try this
Family Lawyer: Nisha Jones,
 replied 1 month ago

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Family Lawyer: Nisha Jones,
 replied 27 days ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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