As the mother has shown little interest in the child, it is unlikely that the mother will regain custody at the next hearing. As long as you clearly present your case, which is that the mother that lost custody before is still the same woman and has shown no improvement, you should retain guardianship. It will be up to the mother to prove that she is making the necessary changes to satisfy the court's concerns about her. At some point, the court is going to want to resolve the issue of whether or not the mother has made the necessary improvements or the clock has run out on her! Previous neglect and current disinterest should make it difficult for the mother.
The content of this answer should not be relied upon or used as a subsitute for consultation with professional advisors and it should be clearly understood that no attorney-client privilege has been created. A more complete answer and/or more accurate answer can only be provided in a more thorough examination of the facts in a consultation with my firm.
I am very sorry you are going through this difficult situation, although it sounds like you did the right thing by getting temporary custody of your nephew. What is your objective? Do you want the court to appoint you a permanent guardianship of the children? The court is going to look at all the facts of the situation to determine what is in the best interests of the child(ren). The court may decide that it is best that you are named guardian, or the court may not extend the temporary guardianship and return the child(ren) to their mother. Many attorneys, including myself, will give you a free consultation. I highly suggest that you contact an attorney as soon as possible to best determine the appropriate course of action. Good luck!
Atty. Taylor and Atty. Davidson have offered a thorough explanation of the guardianship process and the possible outcomes at the upcoming hearing. Best of luck.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
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