Lost house, sent kids to stay with my sister while I got back on my feet, sister almost immediately cutoff contact,been 2yrs, left my husband, sister sueing for full custody. Going for abandonment. I have not been able to provide for them and am still trying to get back on feet. Sister n kids in Maryland. I'm in fl.
If there is no court order you can just get them back. If there is a court order you will need to file a motion to modify and prove to the court that since the last order was entered there has been a material change of circumstances.
this is general information and not providing specific legal advise nor is it creating an attorney/client privilege nor an attorney/client relationship.
There is quite a lot going on here. You would need to sit down with an attorney to discuss the origins of the problem, why you have not been with the children for 2 years, why you live in FL and the kids live in MD, etc. If you had serious problems you were trying to deal with (psychological/drugs, etc.) a court may want to have a temporary custody arrangement to ensure that the previous problems are indeed gone, and that you can put your kids above getting back on your feet. But loss of parental rights is something that courts do not favor unless there is absolutely no other option. So if, for example, you have indeed abandoned your kids, you continue to be unable to be self-sustaining, you still have a substance abuse problem that you can't/won't beat, remain in an abusive relationship with someone, the court may be willing to consider a termination of parental rights.
Note also, that if you are making money now, you may end up paying your sister child support while the kids remain with her.
You IMMEDIATELY need to contact a lawyer in Maryland who practices this type of law. It can't wait.
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