Q: My first cousin got emergency custody of my 4 kids. How do i get them back she will not give my kids back.
She says iam unfit that i medical neglect and education neglect my kids.my children do not want to be there. Medical neglect was my 7 year old has all cavities in his mouth and my oldest needs a hearing aid but they told me that a hearing will not work because he is flat line and my sons son's teeth the dentist told me that they are baby teeth and will fall out. Education neglect was because they was behind in school. She has got denied foster parenting 6 mo ago and is trying to use kinship gaurdian now what do i do i am not a bad mother and the judge will not listen to me she is using anything and everthing against me we used to live in st.louis missouri and she is using st.louis against because how bad it is but i moved them to oklahoma we have been here for 4 months and she went behind my back and filed for emergency custody i dont know what to do my kids are 7 9 11 13 years old and she has video and audio in her house please help. She is medicated my kids.
A:
The judge should give you a hearing within ten days of granting emergency custody to your cousin. At the hearing, argue why custody should be returned to you.
For a nonparent to gain custody, the non parent has the burden of proof.
The nonparent must prove that you are unfit.
If the nonparent can't prove you are unfit, the judge should return the children to you.
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