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My sister volunteered sign over her right of two of her

children that I've been raising...
My sister volunteered sign over her right of two of her children that I've been raising for the past year through a notary but when i tried to go get help for the children they said i have to have a court order. One child is in special education and needs different services to help him through life. Do i have to hire an attorney or is there another way to get the help I need for them.
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Answered in 13 minutes by:
3/27/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 866
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I am sorry to hear that you are having issues with this, particularly when children are involved.

The easy answer to your question is that for aid, benefits, assistance and the like, most, if not all agencies are going to require a Court Order addressing that you have custody for you to be able to act as their custodian.

With most providers, even schools sometimes, notarized documents simply are not sufficient. However, the good thing about the document that was signed with a notary is that it establishes the basis of your agreement and the fact that it has been more than a year will make it much easier for the Court to approve it.

Now, to your question, do you need a lawyer? The short answer is no. However, when it comes to going to family court, I always recommend getting a lawyer so it can be a "one and done" approach. It may cost a bit, but it will be faster and you will know that things are being handled correctly. As well, there are resources through the State of Missouri for low cost and free attorneys - I have attached a link here where you can look at some resources available through the Missouri Bar Association. A separate link for discounted and pro bono attorneys is here.

As well, there is a forms package that you can use to petition the Court on your own. I have attached it here the form has instructions and can be filed with the Courts where you would represent yourself.

Basically your goal is to have a family court judge accept what was signed before the notary and make it a Court order. That way you have you agreement with the Court Order and you will be able to do all you need. Not that difficult, it just requires the Court case to be filed and a Judge order it.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 3 months ago
Thank you so much.

You are certainly welcome and 5 star ratings are always appreciated and you can ask follow up questions after rating.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 866
Experience: Family Law Attorney in Private Law Firm
Verified
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Category: Family Law
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