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Can I get guardianship or custody of my younger cousins?

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I've been taking care of my two younger cousins for the last three months or so. The parents asked me to keep her with me because she was very depressed and thought spending time with me would help. After being around these girls all the time and the parents, I've learned that the parents curse at the kids. They don't bathe them. They don't spend time with them. The kids cry when it's time to go home. I also know on occasion the father has hit them. Is there any way for me to get guardianship of the girls so that I can keep them the majority of the time? I already have them 4-5 days a week, but school is starting up and I was looking for a more permanent solution. If not, they'll stay at their parents' during the week and come to me on the weekend. Sorry to make this so long.

2 Attorney Answers

Best Answer
You can attempt to file for primary custody based upon the fact that you are standing "in loco parentis" of the children. First you will have to be granted standing to proceed with a Complaint for Custody. This is by no means something that will automatically be granted. An important distinction is whether the parents believed that this arrangement was only for the summer months; or, whether they also believed that it may be a more appropriate, permanent solution.
You should contact an attorney who regularly practices family law in your county immediately. Custody cases can take many months, and with school starting, absent a consent order, you will be unable to have a decision reached prior to the beginning of school.
Joe Hirschmann
Best Answer
This could be done by agreement with the parents. An consent court order could be prepared, which everyone would sign, and then would become a court order. This would provide some stability for the children.
If the parents do not agree, you could pursue custody in court, but it would be an uphill battle. Parental rights are not absolute, but the courts still prefer to place children with their parents.

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