Q: How can we (children's aunt/uncle) get full custody without going through a lawyer we can't afford?
We live in TN they live in NY. The parents have years of domestic violence, drug/alcohol abuse, selling food stamps to support habits, along with other unsafe living conditions for children to grow up in. My husband (the children's biological uncle from their father) and I have had voluntary visitations (from both parents) every summer for 5 years but now realize a few months a year is not enough to give these children a chance to live, without fear and eventual addiction as their parents have chosen to live. I just graduated college and will be paying student loans, therefore have no money to spare for lawyers and don't want to go more in debt to get these children if we can avoid it.
A: First: Any custody proceeding you bring will have to be brought in New York. Taking the kids from their biological parents is a heavy lift, and the burden of showing that the children are at risk where they are, AND that it would be in their best interests to live with you, will be difficult, especially without the parents' consent. If, on the other hand, the parents agree that their kids are not living in a good place and that they want what's best for the kids while the parents straighten themselves out, maybe a temporary arrangement can be arrived at. You would also want to be able to show a pattern of abuse and/or neglect. Best of luck.
A: You'd have to file for custody in court, and of course the parents' custody rights would first have to be terminated. You can report child abuse to CPS and the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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