Seek custody of brother's kids!! Need advice!!

[maray11]

What is the name of your state? CA

What are the legal requirements that would cause a parent to be labeled unfit in California? My husband and I want to seek custody of my niece and nephew. My brother is currently living with us and due to move out in October. We were helping him while going through a divorce. His ex-wife has since passed away leaving him a widower.
He cannot afford to survive without help, monetary or physical and deal with the kids even witht he SS death benefit the kids get. Currently, my husband and I are paying for all their expenses and their medical insurance. We take them to and from school and help them with their day to day needs. When he moved in with us, he had his 7 year old be the primary caretaker of the 2 year old before we took over!
He states that he wants the children to live with us until he is financially able to do so himself. He has signed a notorized document outlining guardianship to my husband and I. It is not filed with the court so I do not know how legal it is or if it helps my standing any, should I go for custody.
He is an alcoholic and a former (not too sure if he is on something right now) drug addict. He tends to go on and off depending on his stress level. He was arrested 2 years ago for DUI in Texas. He doesn’t know how to parent. Is into some very weird sex stuff (we have seen the stuff he is into on the computer--no child porn though) and doesn’t really spend time with his children.
If he has no contact with the children for an extended amount of time after he moves out, will I have a better chance then? We have been tryin to convince him that a kinship adoption is better for the kids and him, but he think sof his kids as possessions and not their best interest.
I am a little worried as he now has a girlfriend and she may be pregnant. She lives in a campground out of her small RV with no job and just as loose morally as my brother. I can just see the 2 of them living off welfare indefinately. The combination of the 2 of them as parents spell disaster for the 2 kids. Advice is needed. Please help!!

 

[BL]

See if he will go to the court house with you to let you have legal Guardianship Order with the Court . The notarized statement is not legally binding .It has to be court approved and ordered.

If he does not agree you could still file for Guardianship and site the reasons why.You could show the notarized statement as part of your petition .

It doesn't appear he wants to give up his Parental rights .

Good Luck !!

 

[rmet4nzkx]

You should consult an attorney and or your superior court probate department re formalizing the guardianship of the children, once you get that settled then you will want to become the representitive payee's for their SS benifits. Adoption may have to wait for a while but that would at least stablize the situation, otherwise he could simply take them away at any moment.

 

[maray11]

Since I know formalizing guardianship requires notice that grandparents, aunts and uncles, plus the sibling of the children (the kids have a 16 year old half brother which I am assuming the grandparents have custody) be notified, what are the odds that they have a chance to petition for custody? He had a very acrimonious relationship with his inlaws and since the wife's death have cut all contact with them. the grand parents are up there in age and are not in such hot health so I know I have that going for me, but the sister of the wife is about the same age and married with children as well.

 

[LdiJ]

Since I know formalizing guardianship requires notice that grandparents, aunts and uncles, plus the sibling of the children (the kids have a 16 year old half brother which I am assuming the grandparents have custody) be notified, what are the odds that they have a chance to petition for custody? He had a very acrimonious relationship with his inlaws and since the wife's death have cut all contact with them. the grand parents are up there in age and are not in such hot health so I know I have that going for me, but the sister of the wife is about the same age and married with children as well.

I don't believe it is necessary to serve notice to the other relatives in a voluntary guardianship situation.

 

[rmet4nzkx]

California probate code section 1510

 

[maray11]

I saw that legal form which stated that requirement..so what are the chances that the former in laws put a wrench in this process?

 

[rmet4nzkx]

I saw that legal form which stated that requirement..so what are the chances that the former in laws put a wrench in this process?

They can but you have possession and the fathers permission, and at least one is in school and already adjusted to your home, you are already a de facto parent or psychological parent, that will help plus you will be filing in your jurisdiction.

 

[LdiJ]

California probate code section 1510

I have just thoroughly read that code. I think that you are misinterpreting it to mean that all relatives of a child must be notified in the event of a voluntary guardianship. It is somewhat vague on the issue of which relatives need to be informed in an involuntary guardianship. I believe it is saying that relatives that are caring for the child must be notified, not necessarily others. This is just my personal opinion.

I would recommend that the OP get a consult with a local attorney to verify whether or not it is necessary to notify the other relatives in the case of a voluntary guardianship.