Legal Question in Family Law in Nebraska
Custody of niece and nephew
I was wondering how I would obtained joint custody of my 4yr old niece and 3yr old nephew when my sister and the children's father share custody of the kids. My sister has the kids almost 100% of the time. Neither parent has had a stable job since the kids were born and I had. I have always cared for the children each and every day. I provided them with everything they needed(food, water, clothes,toys...etc), until my recent move. I took care of the children every single day alot of the times even more then their parents. Both parents are not financially stable to provide for their children and have been involved in things that aren't safe for the kids. My sister has agreed to sign over custody of the kids to me, but I am unsure the father will agree to it. I am also married to a man serving in the military and currently stationed overseas for 3yrs. What are my chances of getting these children and what can I do? My husband and I have taken care of the so much since their birth, and have grown extremely attached to them as they are to us. We love them so much and can provide them all the love, care, safety, and education that they need. Please help me. What do i have to do to get custody of them
1 Answer from Attorneys
Re: Custody of niece and nephew
If you believe the children are not being cared for properly, call Child Protective Services. They will evaluate the situation. If they think the children are not in a safe environment, they will place the children in the temporary custody of Health and Human Services. At that point, you could ask HHS to place them under your physical control. The fact that your husband is overseas should not be a problem. However, HHS will do a background check on you.
The only way you could get legal custody is if the parents relinquish, agree to make you guardian, or if the juvenile court terminates their parental rights.
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