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Old 02-21-2016, 11:43 AM
 
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you should look up resources in your state and talk to a family lawyer, not just a social worker. Legal aid offices in lots of places do family law and the kids need reprsentation. I don't think the SM/F can just take the kids without a court order. You need to decide - are you strong enough to stand up to them now or not? Won't you feel more guilt if you don't? If you just type in your state and "family law and legal aid" you might get to an org that can help. Otherwise, start with your state's bar organization and look on that site. You may even be able to ask a judge to appoint a guardian for the kids, but I'm not sure I would do that without meeting with a lawyer first.
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Old 02-21-2016, 12:25 PM
 
Location: Southern Oregon
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A lawyer will run you about 3500.00 to handle this issue. There are steps you can take with minimum cash out lay. First, where are the children's father, is he involved in their lives, does he provide support for the children? If the answer is no to all three questions then the process will be easier than if he was involved in their lives.

If the mother of the children will agree to guardianship then is is just a matter of the judge signing the court order. You can also do a simple Power of Attorney which will only be temporary, normally for 180 days. The SM/F have no say so in this matter at all, this is solely between you and your sister.

If your going for guardianship, then you can normally go to your "Probate court" and ask them for the legal documents to file for "Guardianship of a minor child" they normally have them and will charge you a small fee for the documents, fill out the documents and have the mother of the children sign, this will have to be done at a notary. Then submit the documents to the probate court and pay their filing fee, in about a weeks time you will receive legal documents assigning you guardianship. If it is contested by any party involve legally with the children then a hearing will be set.

Check with your states laws requarding this.
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