The biological mother isn't in the picture. The parents of the biological mother have power of attorney of two children ages 6 and 3. The 3 year old has has basically lived with the grandparents for over a year and the 6 year old for the past 5 months. The father of the children doesn't pay child support but makes sure he gets his visitations every other weekend, yet he has manage to buy a new truck and boat among other things but has not paid for any medicines for the 6 year old's adhd, school supplies or any other necessities that they may need. The grandparents have funded all these things for the children. There is more but I'm running out of characters.
You need to visit with an attorney in your area, because family law matters are often very fact specific. However, from your post, it would appear you would have a decent chance of getting guardianship over the kids since mom is out of the picture and you have been caring for them for a while. As part of that you can also seek child support from the parents. Of course, this could lead to dad attempting to get custody of the children himself in order to avoid paying support. The situation may also depend on whether any prior support orders have been entered or whether paternity has been established or if there is a divorce decree. As I said, fact specific, which is why you need to contact an attorney in your area.
The information provided does not constitute legal advice, nor does it establish an attorney-client relationship. The information provided is merely intended to give you a general answer as to the law with respect to the general question you have asked.
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