HELP, Aunt trying to get custody of niece and nephew

[S.Aylum]

I'm in need of some advice. A year ago I was granted power of attorney over my niece and nephew and was told to get guardianship signed over to me within 365days.(they were removed from their father's home by CPS)Since then our situation has drastically changed and we are no longer able to support 2 more children in addition to my toddler. The deadline is coming up, and our current living conditions are not terrible, but will be deemed unfit for them via the courts. Should I call the social workers and report the change or do I wait until the coming court date to explain the situation?

 

[Ohiogal]

What state?
What court or person granted you power of attorney?
Why would you be considered unfit? Who told you to get guardianship?

 

[zddoodah]

What is the relevant state?

I was granted power of attorney over my niece and nephew

Granted by whom? How old are your niece and nephew? What is the scope of the POA you were granted?

and was told to get guardianship signed over to me

Told by whom? What does "get guardianship signed over" mean? A guardianship can only be created by a court.

they were removed from their father's home by CPS

Because...??? What about the mother? Which of the parents is your sibling?

Should I call the social workers and report the change or do I wait until the coming court date to explain the situation?

Assuming the social workers were/are involved in the removal of the kids from their parents' home(s) and everything else, I cannot conceive why you wouldn't inform them as soon as possible.

 

[Ohiogal]

What is the relevant state?



Granted by whom? How old are your niece and nephew? What is the scope of the POA you were granted?



Told by whom? What does "get guardianship signed over" mean? A guardianship can only be created by a court.



Because...??? What about the mother? Which of the parents is your sibling?



Assuming the social workers were/are involved in the removal of the kids from their parents' home(s) and everything else, I cannot conceive why you wouldn't inform them as soon as possible.

You realize that many people who work for CPS are NOT social workers as defined by the law and they could actually be music majors? I asked most of the questions you did, but DO NOT give CPS workers credibility by calling them social workers.

 

[S.Aylum]

They are teenagers 13 and 15. My sister/the mother passed away 3yrs ago and the father was abusing them, if they leave me they go straight into the system. I was told to pursue a Guardianship by the judge and original case workers. They granted me Power of Attorney so I could get it done on my own without CPS involved. The father agreed to signing Guardianship over, and CPS said they would allow it as long as we could provide for the children without any government aide. I believe we would be deemed unfit because we are losing the house we were in, and we aren't able to move into a home with enough rooms for everyone before the follow up court date.

ALSO, this is in the state of Mississippi

 

[Ohiogal]

They are teenagers 13 and 15. My sister/the mother passed away 3yrs ago and the father was abusing them, if they leave me they go straight into the system. I was told to pursue a Guardianship by the judge and original case workers. They granted me Power of Attorney so I could get it done on my own without CPS involved. The father agreed to signing Guardianship over, and CPS said they would allow it as long as we could provide for the children without any government aide. I believe we would be deemed unfit because we are losing the house we were in, and we aren't able to move into a home with enough rooms for everyone before the follow up court date.

WHAT STATE? I full time work in this area of the law. WHAT STATE?

 

[Just Blue]

They are teenagers 13 and 15. My sister/the mother passed away 3yrs ago and the father was abusing them, if they leave me they go straight into the system. I was told to pursue a Guardianship by the judge and original case workers. They granted me Power of Attorney so I could get it done on my own without CPS involved. The father agreed to signing Guardianship over, and CPS said they would allow it as long as we could provide for the children without any government aide. I believe we would be deemed unfit because we are losing the house we were in, and we aren't able to move into a home with enough rooms for everyone before the follow up court date.

Do the children receive Social Security Children's Benefits due to their mothers death?

What State?

 

[S.Aylum]

Do the children receive Social Security Children's Benefits due to their mothers death?

What State?

They do

Mississippi

 

[Ohiogal]

Good point Blue.

Also, you cannot be deemed unfit due to being poor and CPS cannot remove children because you need government aide. That would be unconstitutional. Caseworkers DO NOT know the law. Don't believe them or trust them. Can you afford a three bedroom?

 

[Just Blue]

They do

Mississippi

Are you the Rep. Payee for the SS? Was there a child support order made so the father would be financially supporting the children as well?

 

[Ohiogal]

They do

Mississippi

Then file for guardianship. CPS does NOT dictate.

 

[S.Aylum]

Good point Blue.

Also, you cannot be deemed unfit due to being poor and CPS cannot remove children because you need government aide. That would be unconstitutional. Caseworkers DO NOT know the law. Don't believe them or trust them. Can you afford a three bedroom?

Yes, that's we size home we are trying to find.

 

[S.Aylum]

Are you the Rep. Payee for the SS? Was there a child support order made so the father would be financially supporting the children as well?

Yes, I am the Rep,
No, nothing was said about child support, that may be because they are trying him with criminal charges for the abuse.

 

[Ohiogal]

Yes, that's we size home we are trying to find.

Then go for guardianship... You don't need a four bedroom for three children and yourself.

 

[S.Aylum]

Yes, that's we size home we are trying to find.

Also, thank you. I figured they would twist words to fit their agenda, but I've never had to deal with the courts or CPS before. A whole new and horrible experience thus far. I really appreciate the help