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I was given temp custody of my niece and nephew. The court…

My name is***** was...

My name is***** was given temp custody of my niece and nephew. The court took them away without having me sign them away. Can they do that?

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

No, I am 22 and I feel they are just walking all over me bc I have no knowledge of what the steps are or what I need to do.

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

GA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, Zoey is 2 years old and they took her to the doctor and stating that she was sexually assaulted and they didn't ask a family member to go or anything. We have heard nothing else about it. No police have came out to investigate or anything.

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Answered in 3 minutes by:
3/28/2018
DanLegal
DanLegal, Divorce Lawyer
Category: Family Law
Satisfied Customers: 616
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help - what specifically can I help you with?

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Customer reply replied 3 months ago
I am not sure what my rights are. They took the kids and said that they are staying in foster care even though there are multiple capable family members willing to take them. They will not give us visitation and I feel as if that is abuse to the children bc they need to be around their family still. She keeps telling me I can see them but what give me a day or time and will not answer calls and will only respond after I right her and call multiple times. They said my sister has to get a home and a job, but are not assisting in any of those things and are already talking about keeping the kids over 18 months.
Customer reply replied 3 months ago
She said that my niece was assaulted, but we have heard nothing else about it. She is being very vague as if she wants the parents to fail. She just keeps telling us to be patient, but that doesn't answer all the questions.

I am very sorry to hear about that situation. Temporary guardianship can be revoked by the court but generally speaking there has to be a hearing to determine best interest of the children and it is difficult to say the children's best interest is in foster care and not with family members. The court that gave you temporary guardianship should give you the reasons why the children were taken away from your custody.

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Customer reply replied 3 months ago
Do I need to ask for a court hearing? Because the case worker says that its not even an option. And that it doesn't work that way.

Also, if there is an active sexual assault case the children can be removed and placed with foster care. It is odd that they would not tell you the nature of the case or allow you to go with your niece to the hospital.

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That is for sure an option and it does work that way - children family services can not act without the court when removing children.

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Customer reply replied 3 months ago
WE had no knowledge of Zoey until after the fact. They say that it should have been noticed but no one noticed anything and that is something that we would have NOT missed.

Yeah I would request a court date and have the CFS tell you and the court what is going on - Make sure that you document all the times they have blown you off and not returned your calls.

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Customer reply replied 3 months ago
She has not given us other information. She said the police will be getting with us to investigate it has almost been a whole week and we have not heard anything from police or dfcs.

okay - yes, i would request a court date to sort this all out.

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Customer reply replied 3 months ago
Is there any rights the we have? Like I said they will not let us see them it has been 3 weeks and we have yet to see them.

DCFS should have put a safety plan in place for the children and given your sister steps to take to get her kids back - the rights you have would be the temporary guardianship papers.

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Customer reply replied 3 months ago
I have those papers still... Like I said, they never told me that was revoked.

Yes, that is why you and your sister should request a court date because you are in the dark way too much and things need to be explained to you.

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I believe I have answered your questions and given you the next steps - can you please rate my answer with 5 stars

DanLegal
DanLegal, Divorce Lawyer
Category: Family Law
Satisfied Customers: 616
Experience: Partner at McCollum Hodgkinson, P.C.
Verified
DanLegal and 87 other Family Law Specialists are ready to help you
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Customer reply replied 3 months ago
I thought that there would be some kind of law or rights that were being broken that I could bring up in court. Is that not the case? I am sorry to keep bothering you. But this is very important.

there is no specific law that is being broken - they are trying to act in the best interest of the kids. They could be breaking a court order of guardianship.

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Customer reply replied 3 months ago
Okay I will do more research. Thank you so much for your time.
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