• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Custody of neice and nephew

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

maray11

Junior Member
What is the name of your state? CA

Recently, I assisted my brother and his 2 kids when he was going through a divorce. We found out yesterday that his ex wife died in the hospital Divorce not yet being finalized. He had temporary primary physical and they had temporary joint legal custody of the 2 kids.
Here's the issue, he is a poor role model, had (and may still have) drug problems, doesn't have a job and we guess would be more than willing to let us raise the kids. If this is the case, I would not want just guardianship, because then he could hook up with some floozy and take off with the kids. What type of custody should I seek? Should I seek that he terminate all parental rights and that I adopt them? What are the chances that my husband and I will win? If he changes his mind later after relinquishing parental rights, what are our recourses?
 


djohnson

Senior Member
Is he willing to terminate his rights and let the two of you adopt them now? If so go ahead and move forward quickly with it before he changes his mind. If he will not agree, you have a slim chance and long fight ahead of you. Even if you can prove he is unfit there is no guarantee that you would be. Other family members may step up after you do all the leg work and want custody. You really need to see an attorney in your area that is well versed in these situations.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top