Temporary guardianship runs out soon & mom jumped ship to England. What can I do?

[tamarpak77]

What is the name of your state (only U.S. law)? California

My sister was supposed to be getting a divorce in Virginia from her current husband and so sent my husband and I her three children. The first 2 are from a previous marriage and their biological father is MIA. The third has no recorded father. She signed the proper power of attorney for temporary guardianship. The POA's run out in 2 monthes and she is not returning from her new life in England until 6 monthes after that. Can we apply to adopt these children? Is it considered abandonement? What do we do when the POA's run out? She has decided to lead a new life with a new man, but, is not willing to sign the parental rights over. Would we have a case against her? They came to us abused, have been going through counseling, and I have professional statements that they have been doing much better and the state they arrived here in.

[Proserpina]

Originally Posted by tamarpak77

What is the name of your state (only U.S. law)? California

My sister was supposed to be getting a divorce in Virginia from her current husband and so sent my husband and I her three children. The first 2 are from a previous marriage and their biological father is MIA. The third has no recorded father. She signed the proper power of attorney for temporary guardianship. The POA's run out in 2 monthes and she is not returning from her new life in England until 6 monthes after that. Can we apply to adopt these children? Is it considered abandonement? What do we do when the POA's run out? She has decided to lead a new life with a new man, but, is not willing to sign the parental rights over. Would we have a case against her? They came to us abused, have been going through counseling, and I have professional statements that they have been doing much better and the state they arrived here in.

Was the abuse reported? What happened?

And how old are the children?

The third child does still have a father - is he reachable?

[tamarpak77]

No it was not reported, except to the counselors. They say they cannot report it unless the children admit to it, but, they have all the signs. Especially of neglect. They came to me reeking of human feces and roaches crawling on them. Their ages are 2 boys 5 and 9 and a girl 7. The 9 year old was having accidents with feces until I got him to stop about 1 month ago. The counselors have me seeking more intensive therapy for him. They feel he has RAD and his counselor advised me if they go back, it is the worst thing that can happen to them. The biological father of the first 2 has sexually abused my oldest nephew and he admits it to us but not to the authorities. He has a fear of losing whatever family he has. That is what the counselors and family services are waiting for to act. The youngest, may or may not be the son of the current husband. He says he wants visitation, but, does not feel he is capable of raising these children. He is extremely behind developmentally and neither parent has done anything to help him. All 3 children, when you try to even show affection, flinch and cower in fear of being beat. That has been getting better and they feel secure here. They are so much healthier now and we are trying to give them all we can to give them a fighting chance in the future.

[LdiJ]

Originally Posted by tamarpak77

No it was not reported, except to the counselors. They say they cannot report it unless the children admit to it, but, they have all the signs. Especially of neglect. They came to me reeking of human feces and roaches crawling on them. Their ages are 2 boys 5 and 9 and a girl 7. The 9 year old was having accidents with feces until I got him to stop about 1 month ago. The counselors have me seeking more intensive therapy for him. They feel he has RAD and his counselor advised me if they go back, it is the worst thing that can happen to them. The biological father of the first 2 has sexually abused my oldest nephew and he admits it to us but not to the authorities. He has a fear of losing whatever family he has. That is what the counselors and family services are waiting for to act. The youngest, may or may not be the son of the current husband. He says he wants visitation, but, does not feel he is capable of raising these children. He is extremely behind developmentally and neither parent has done anything to help him. All 3 children, when you try to even show affection, flinch and cower in fear of being beat. That has been getting better and they feel secure here. They are so much healthier now and we are trying to give them all we can to give them a fighting chance in the future.

How long have the children been living with you?...long enough for status quo or only a few months?

You should certainly try to convince mom to sign another POA for the period of time until she returns...but in the meantime you should get a consult with a local attorney to get their take on the situation. Adoption is not an option at this time, but custody or legal guardianship may be an option.

[ariastar]

For the love of the gods, contact social services for help. They're not likely to remove the children fro a stable home that has them in therapy, but they may force the mother to either shape up or say sayonara to her rights.

[tamarpak77]

I went ahead today and told the mother that she needs to get the paperwork done or she will be forcing my hand to take legal action. I have been working with family services and they stated that they cannot help unless she is in the country. We have actually had the children for 6 monthes and they have settled and are starting the next school year soon.

[LdiJ]

Originally Posted by tamarpak77

I went ahead today and told the mother that she needs to get the paperwork done or she will be forcing my hand to take legal action. I have been working with family services and they stated that they cannot help unless she is in the country. We have actually had the children for 6 monthes and they have settled and are starting the next school year soon.

Quite frankly, I think that the advice to get family services involved is a poor one anyway. While they wouldn't be likely to remove the children from your home, there is always the chance that they could. Going through the courts is a safer way to handle it.

[divona2000]

Originally Posted by tamarpak77

...The first 2 are from a previous marriage and their biological father is MIA. The third has no recorded father...

Originally Posted by tamarpak77

...Their ages are 2 boys 5 and 9 and a girl 7...The biological father of the first 2 has sexually abused my oldest nephew and he admits it to us but not to the authorities. He has a fear of losing whatever family he has...The youngest, may or may not be the son of the current husband. He says he wants visitation, but, does not feel he is capable of raising these children...

Is the father of the two oldest still around, or is he actually a serviceman who is MIA?

[tamarpak77]

The father of the 2 oldest is not around and definitely not a service member. Being that I am a military wife, I understand your concern. He is actually a dead beat drug addict that last we heard is sleeping in his truck. There is no word from him in over 2 years.

Thanks for the advice about family services. I will take it into consideration.