My sister nor the father of the children has not taken care of her 3 children for almost 5 years. The father has been incarcerated twice now and just got out a couple of weeks ago and now my sister is incarcerated and facing time in prison. The father has no job nor housing to support the three children. The oldest wants to move in with my husband and myself and the two smaller children would like to stay with my parents. So we need to know how to go about getting not guardianship but actual legal custody of the children beings neither of their parents are fit to take care of them due to drug use and incarceration.
You cannot become their guardian without the parental rights of both parents being terminated either voluntarily or by a court.
However, both parents can sign a special form of power of attorney allowing you to take the children to the doctor, enroll them in school, etc. This is revocable at will.
Information provided here cannot substitute for a personal consultation with an attorney. This is not intended to be legal advise or to imply an attorney-client relationship. This attorney is not responsible for your reliance on it without specific, actual and independent written authority.
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