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What forms are needed to get custody of my nephew?

Acworth, GA |

My fiance' and I are trying to get custody of my nephew and I am trying to get things in order and wanted to know what paper work/forms are needed to do this. His mother had him removed by dfacs and the father is not on the birth certificate ad he is in and out of jail with no job and no place to live. I know that I need to contact the dfacs case manager but I wanted to know any paper work that might be needed. Also, my mother has temporary custody of my nephew and she tried to get food stamps to help out, but she was denied because he was already being claimed by someeone else. Is there any way to find out if it is the mother of my nephew is the one claiming him for food stamps?

Attorney Answers 2

Posted

Contact the DFCS caseworker. If the child was removed from his mother, there is already a case in the Juvenile Court of the County where the mother lives. The DFCS caseworker is in charge of making sure that the child is in a safe place and a good home.

Talk to the caseworker very straightforwardly, calmly and un-emotionally, Let him/her know anything that you have in your background that might make you appear less-than-perfect (like arrests of prior DFCS case yourself...). Be prepared to show a safe and healthy home, and understand that if your fiancee is in the home, that the same rules apply to him (her?), too. If you have kids, hopefully they reflect well on your parenting skills.

But the fact that the kids are in DFCS custody gives them and the juvenile court all the power. Understand that, and be prepared for a "no" answer. But I suggest that you try- that way you have no personal regrets for not trying. I've been there myself.

Also, understand that getting your nephew can sometimes drive a wedge between you and his mother- and if there's already a wedge there, it can get bigger. DFCS is aware of that, and will consider such subjective issues in making a decision. Their goal and the Court's goal is the "best interest of the child", so understand that, ultimately, the decision is not personal.

Good luck.

You can contact me at my office at 770-744-4211 or by email through this website. The questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

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Posted

There are no forms that you will need prior to contacting DFCS. Their presence in his life indicates that there is already an open deprivation case so there wouldn't be anything for you to file. You just need to be certified by DFCS as an appropriate temporary placement/custodian for your nephew.

Your mother should also notify your nephew's case worker about the food stamps issue. He/she may be able to assist her with acquiring benefits for him.

The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

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