Legal Question in Family Law in Massachusetts
I want custody of my 3 younger siblings!!!Help!!!!!Advice??!?!?
im 21 y.o and am trying to find a way to get custody of my younger siblings- they are ages 3,5 and 6. they do not live in a good condition my father does not watch over them as he should, there have been times they were left alone, he has a lady friend come over when they are home, they have no disipline no structure, my mom had given him temporary custody and now he is being arrogant and feeling like he has all the power. my mom does not want me to take them because she feels it will be a burden for me i feel otherwise i love my brother and sisters to death like if they were my own kids they are a part of me and i cant imagine anyone else caring for them better than me. i have a steady full time job i live with my fiance who also has a steadfy full time job my father does not work he gets section 8 and welfare. those kids need a better home and i know i can provide that for them.any advice on how to do this? i live in worcester,massachusetts thank you
2 Answers from Attorneys
Re: I want custody of my 3 younger siblings!!!Help!!!!!Advice??!?!?
You would have to seek guardianship. In order to obtain this, you would have to prove that your father is "unfit" by "clear and convincing evidence." Your mother would have to assent or also be proven "unfit." As parents have a Constitutional right to the care, custody, and raising of their own children, this is a substantial burden. Your costs would include expert testimony -- a Guardian ad Litem -- and more.
Having a lady friend over does not render your father unfit, nor do differences in opinions over discipline. If he leaves children this age alone, you should call DCF (formerly DSS) and get them looking.
Re: I want custody of my 3 younger siblings!!!Help!!!!!Advice??!?!?
The criteria for custody of children is what is in the best interest of the child. You can try to seek custody, but more information is needed to assess your case. I suggest you contact and attorney who does custody matters as a regular portion of their practice.
If you wish to discuss your case please feel free to contact me.
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