Revocable
I still don't understand Nikki's situation.
A natural parent's placement of her children with a family member during a time of need is revocable at will.
Unless she LOST custody through a custody proceeding wherein her brother had her judicially declared to be unfit, I don't understand her problem. It does not appear that she abandoned the children. The children have not lived with the brother long enough to constitute extraordinary circumstances.
She says she's going through a custody case that's getting nasty. Yet, she doesn't tell us how this matter became a "custody case" or whether she has legal representation.
Is there a court order that prevents her from revoking the temporary custody placement, and simply going to her brother's house, collecting her children, and leaving with them?
Nikki, get a lawyer! If you are not unfit and if extraordinary circumstances do not exist, a lawyer should be able to get your children back right away. According to the information you provided, you and your brother agreed the children would stay with him until the school year ended and you would get them back in June. It's almost the end of August. What are you waiting for? GET A LAWYER and assert your parental rights and get your children back now.
If you can't afford a lawyer, call your local bar association and get a pro bono attorney assigned to assist you. Do it now.
Nikki posted that her brother has legal physical custody of the children. That's got to mean something - not sure what exactly, but the kids weren't just dropped off. There's definitely something missing in how all of this has been presented. And perhaps that something is keeping the children with Nikki's brother.
Re: Revocable
Debra_Law wrote:I still don't understand Nikki's situation.
A natural parent's placement of her children with a family member during a time of need is revocable at will.
Unless she LOST custody through a custody proceeding wherein her brother had her judicially declared to be unfit, I don't understand her problem. It does not appear that she abandoned the children. The children have not lived with the brother long enough to constitute extraordinary circumstances.
She says she's going through a custody case that's getting nasty. Yet, she doesn't tell us how this matter became a "custody case" or whether she has legal representation.
Is there a court order that prevents her from revoking the temporary custody placement, and simply going to her brother's house, collecting her children, and leaving with them?
Nikki, get a lawyer! If you are not unfit and if extraordinary circumstances do not exist, a lawyer should be able to get your children back right away. According to the information you provided, you and your brother agreed the children would stay with him until the school year ended and you would get them back in June. It's almost the end of August. What are you waiting for? GET A LAWYER and assert your parental rights and get your children back now.
If you can't afford a lawyer, call your local bar association and get a pro bono attorney assigned to assist you. Do it now.
THANK YOU DEBRA LAW!!! I GOT A LAWYER AS WE SPEAK!!!! THANKS AGAIN!!!!
THANK YOU ALL FOR YOUR INPUT....ESPECIALLY DEBRA LAW...I`LL KEEP YOU GUYS POSTED....COURT DATE AUGUST 28TH!!!
I hope that everything works out in the very best way for the children involved.
I have my fingers crossed. Good luck.
nikki - I haven't posted to this question before, but have been following along. I am glad everything worked out for you! Hug those boys!!
Glad to hear it, Nikki, and thanks for letting us know.
Nikki--
I'm glad everything worked out. Now, your family will be together.
Nikki
Way to go girl!!! You must be so thrilled to have your children back!!! I'm so very happy for you and your kids :-D
