child custody nightmare

[shaffer2124]

Florida is my state. My sister is 26 and she has given birth to two children nopw ages 2 and 4. Since she was 18 she has had no rights and has had to have a guardian. For the last 6 years our mother has been her guardian, and now she is terminally ill. The big problem is that my mother never assigned anyone as the alternative guardian in case anything happened to her. The big nightmare is the two children. They were abandoned by my sister each after a month passed after their births. My mother has raised them since day one and I want to take them in after my mother passes away. Since she was the guardian of my sister she has rights to the children, but once she dies how can i get custody? and how do I get the guardianship of my sister? Can the state take the children away from me? I love the two little ones and do want to raise them. Can I get custody of them with out a fight and if i get custody does my income matter as far as getting them medicaid?

 

[Roscleo]

Just bumping you up cause I really want you to get the answers you need. I will pray that everything works out for you.

 

[shaffer2124]

thank you i need help and sometimes it is so hard to find it

 

[FarmerJ]

Talk with your mom and a family law attorney perhaps she can recall where she had to go to get the guardianship established . or the first person who helped her ask for name .

 

[jdctmg]

I would talk with a lawyer. I think they usually try to keep the children in the family. Does your sister want the kids? If she isn't going to fight you, maybe you have a good chance. Good luck!

 

[shaffer2124]

she has never wanted the kids she abandonded them and when ever she calls she never even asks about them, i doubt she even knows or cares how old they are.

 

[H. HAYES]

My parents were guardians of their foster kids. My mom passed away and my dad got to the point where he could no longer care for himself or the kids. We went got an attorney and had the guardianship changed. We did have to do it through court, but here was no battle. Sadly to say, there was no one to fight. There parents had lost their rights years ago.

 

[shaffer2124]

my sister will not fight me I just am running out of time because my mother is going to pass away soon and she can not go do anything and i have tried to get answers from attorneys but they make it seem like it is going to cost an arm and a leg because since my mom did not sign the paper that says who is the guardian in case of her absence then the state is so this is what i fear losing the kids to

 

[H. HAYES]

In California, there are more kids in placement than the state can keep placed, and when at all possible, they will place kids with family even if they go into the system. With that in mind, you may want to start asking questions with your department of children's services and see if they can help, or lead you in the right directions. Depending on how your mother became the guardian, there may already be some sort of a case and or case worker involved.
God bless.