Getting custody of my nieces & nephew

[Tigress42]

Jurisdiction

Texas

This is a very complicated case so I'm hoping someone will be able to help. My little sister is married and had 3 kids with her husband while in arkansas. They we're very poor, no food, or even running water, no phone, no internet. There fore I lost touch with her. I didn't find out the conditions they were in until it was too late. When she finally contacted me, the kids were living with a friend of the kids grandma.

I was able to get court records and she & her husband had signed guardianship willingly over to this person in probate (not family court) and the court signed off on it. The family with my sisters kids moved to texas. Per arkansas state statutes, a guardianship under probate is terminated when the kids move out of state. My sister also could file to relinquish this in arkansas court since the kids weren't taken away and they did it willingly. However she can't do this because now they are in texas. My sister doesn't have the knowledge or resources to care for the kids. She is with a new guy. She split with her husband but never filed divorce because she can't afford to. She has a 15 month old & is due next week with another baby.

I live in Wisconsin, am married, own my home, & am financially stable to take on the kids. They are 13, 10, & 7 right now. I have no clue where to start. My older sister tried contacting this family on face book but she blocked her. One of our aunts knew this had happened but didn't tell us or we would have gotten the kids sooner. It's been a few years but I don't know all the other details. My little sister told me that this lady told her that if she didn't sign the Guardianship papers she would drop the kids off at DHS door & tell them the kids were abandoned. The kids had been staying with this family.

My sister is ok with having me raise her kids. While we may be strangers now I think the kids are better off with family. The family they are living with now had the 3 of them plus their own 6 kids. They also do not let the kids have any contact with their mom or any of her family. At least if they lived with me then they would be able to talk to or see their mom.

Any advice would be appreciated. I think I was able to find their address which is in collin county in texas. Thanks

 

[army judge]

This is a very complicated case so I'm hoping someone will be able to help. My little sister is married and had 3 kids with her husband while in arkansas. They we're very poor, no food, or even running water, no phone, no internet. There fore I lost touch with her. I didn't find out the conditions they were in until it was too late. When she finally contacted me, the kids were living with a friend of the kids grandma.

I was able to get court records and she & her husband had signed guardianship willingly over to this person in probate (not family court) and the court signed off on it. The family with my sisters kids moved to texas. Per arkansas state statutes, a guardianship under probate is terminated when the kids move out of state. My sister also could file to relinquish this in arkansas court since the kids weren't taken away and they did it willingly. However she can't do this because now they are in texas. My sister doesn't have the knowledge or resources to care for the kids. She is with a new guy. She split with her husband but never filed divorce because she can't afford to. She has a 15 month old & is due next week with another baby.

I live in Wisconsin, am married, own my home, & am financially stable to take on the kids. They are 13, 10, & 7 right now. I have no clue where to start. My older sister tried contacting this family on face book but she blocked her. One of our aunts knew this had happened but didn't tell us or we would have gotten the kids sooner. It's been a few years but I don't know all the other details. My little sister told me that this lady told her that if she didn't sign the Guardianship papers she would drop the kids off at DHS door & tell them the kids were abandoned. The kids had been staying with this family.

My sister is ok with having me raise her kids. While we may be strangers now I think the kids are better off with family. The family they are living with now had the 3 of them plus their own 6 kids. They also do not let the kids have any contact with their mom or any of her family. At least if they lived with me then they would be able to talk to or see their mom.

Any advice would be appreciated. I think I was able to find their address which is in collin county in texas. Thanks

Sorry, you need to retain a licensed attorney in Texas.
However, there might be other options to ensure the children are safe.
I'd contact the police of sheriff where the children are alleged to reside.
You could try CPS, but law enforcement seems to get a more rapid response.

 

[Tigress42]

Sorry, you need to retain a licensed attorney in Texas.
However, there might be other options to ensure the children are safe.
I'd contact the police of sheriff where the children are alleged to reside.
You could try CPS, but law enforcement seems to get a more rapid response.

OK thanks. I never thought to call the police. I did call cps to report it and just got a letter back stating our investigation is complete and we will not be offering services to the family at this time. Whatever that means. We thought of going there to get the kids but if they say no I don't think the police will make them give my sister the kids to take with us. I live in Wisconsin so quite a drive

 

[army judge]

OK thanks. I never thought to call the police. I did call cps to report it and just got a letter back stating our investigation is complete and we will not be offering services to the family at this time. Whatever that means. We thought of going there to get the kids but if they say no I don't think the police will make them give my sister the kids to take with us. I live in Wisconsin so quite a drive

It's called a welfare check.

Describe your concerns to the law enforcement agency, ask that an officer be dispatched to check on the children because ------insert reason(s) here------

Good luck, also much cheaper than traveling, and the response is far quicker.

 

[ElleMD]

Do you even know these kids? The chances of a court in any state giving you custody of children you don't know is slim to none, particularly if the parents are totally disinterested and they are in a good home. DNA only counts so much. You didn't step in when your sister was unable to provide for and care for the children. You didn't step in when someone else was granted guardianship. What has changed now?

 

[adjusterjack]

My sister doesn't have the knowledge or resources to care for the kids. She is with a new guy. She split with her husband but never filed divorce because she can't afford to. She has a 15 month old & is due next week with another baby.

Your sister is a good argument for involuntary sterilization. She has no business making babies. My guess is that the two new kids will eventually end up in foster care while she makes more babies with more men she isn't married to.

Any advice would be appreciated. I think I was able to find their address which is in collin county in texas.

Then hire an attorney in Collin County Texas and review your options but don't count on any court undoing a satisfactory arrangement that's already several years old.