How long can temporary child custody last?
My husband and I have been taking care of my sister's 3 children on and off for several years now. My sister is drug addicted and my sister has been in and out of prison over the last 4 years or so. Her husband although I question his ability to parent has stayed clean and sober for the past several years and because of that he has had custody of the children. Unfortunately their father relapsed and got caught buying drugs and now has several charges aganist him and chances are he will also get serious prison time. My husband and I had temporary custody of the children in the past with a power of attorney signed over by both the parents. With my sister already in prison and her husband probably going, the only option for them would be foster care. However, we have agreed to take them. My question is would we have to draft another agreement for custody or would the one we have in the past be good enough? We can't afford a lawyer, so any thoughts would help.
Answers:
A power of attorney for child custody only has the meaning that other agencies are willing to give it. Neither a school, nor a hospital, nor any other individual is required to honor it for any purpose, though many will. Since there is no legal meaning to the instrument, there is no set expiration period though many agencies that will honor them typically would prefer a relatively recent power of attorney (e.g. within the last three years).
If you want something that is guaranteed to be legally effective, you will need to be appointed as guardians by the appropriate court in your area (typically it is a probate court). Without knowing more details, I do not know how much help the court clerks can be in your area in completing the paper work for a guardianship.
Contact legal services in you area or your state Bar Association. They help people who cannot afford attorneys. The only pleasant parts of their jobs are helping people like yourself who step up and do the right thing. They will want to help you.
Also try child protective services. They are not only responsible for your neices and/or nephews, they may have people who can help you. It's their job to place the children in the best place possible. That seems to be with you. They may be able to help you as well.
You and yourhusband are good people. I hope you get the help you need. And more.
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