Re: Legaleagle74
aljms7 said:
Thanks for the information, Do I need to get a lawyer for this? I dont even know where to begin! Do you have any idea how long it takes to get custody, even temp custody of the children? Thanks again! -amy
My response:
Listen, this will be the last time I write to you.
First of all, your above post is like "the blind leading the blind." All because "LegalEagle74" is telling you what you "think" you want to read, that doesn't mean it's correct.
You're new "saviour" has never been in a courtroom as an "advocate"; i.e., LegalEagle74 is not an attorney. Other than telling you to "get an attorney", she couldn't begin to tell you "how long it takes" or "where to begin".
First, she says: "This is what I would do, I would take her to court and prove her unfit, and obtain temporary custody, until she completed a drug abuse program and could prove she could provide for the kids the correct way."
And then, LegalEagle74 says, "I am not referring to anything legal, who knows who has a right to do what, I don't and don't claim to know".
Doesn't that say ANYTHING to you?
Without CPS, or DHS involvement, you have no "legal standing" to file anything on your own. You're just the aunt, and you have no solid proof of anything, anyway. Courts are extremely protective of children and their relationship with parents. Without an independent agency making a determination of unfitness, and writing a report to the court for a "dependancy hearing", you have no proof to present except for your emotional statements that can't be corroborated; i.e., everything you've said, or would say, is "hearsay." If there is "cause" to remove, CPS would place the children in a protected home until a hearing can be held. Second, once there's a dependancy hearing, the court would probably place the children into foster care pending an investigation on you. Remember, the court doesn't know who you are, and all because you say you're the aunt, doesn't mean that the court will just "will-nilly" place the children in your care.
This is not an overnight ordeal, and "LegalEagle74" knows nothing about law, and procedures. She only knows what "she feels." That, and a dime, won't help you.
Either call Child Protective Services, or do nothing.
IAAL