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bunchof8
08-09-2005, 07:44 PM
We are going for custody of my boyfriends 2 children and there is evident evidence of neglect of his 10 yr old daughter's diabetes. What is the law or guidlines of temparary custody. We kept her this weekend on the grounds of this neglect and also she refused to go , also he advised us to do so .Our lawyer has told us tonight that he doesn't know how long we can keep her. What can we do to sway the court our way?

xena
08-10-2005, 06:08 AM
We are going for custody of my boyfriends 2 children and there is evident evidence of neglect of his 10 yr old daughter's diabetes. What is the law or guidlines of temparary custody. We kept her this weekend on the grounds of this neglect and also she refused to go , also he advised us to do so .Our lawyer has told us tonight that he doesn't know how long we can keep her. What can we do to sway the court our way?

If there is a court order stating visiting times and your BF doesn't return the children without filing a motion for emergency temp. custody, he is risking being in contempt of the court order.

Has the attorney filed an emergency motion for temp custody? It needs to be done ASAP. If your BF has any medical records/documentation of mom's medical neglect he'll probably get temp custody. However, without any SOLID proof of the neglect it'll be very difficult to get custody.

elklaw
08-10-2005, 08:03 PM
Your first problem is standing. Are you just a girlfriend? You may have a case, but not sure if you have standing to pursue something like a temporary legal guardianship. If you and the children have a relationship history that is positive, that may be enough to go for legal guardianship, but if there is a suitable blood or related by marriage family member, they make take precedence over you in terms of favorability to get legal guardianship.

That aside, you should consult a local attorney or go to the local family court to find out what you need to do to file for legal guardianship.

motherNC
08-10-2005, 08:05 PM
you need to get an attnory and go in frount of the judge for an expartee (emergency hearing) you will get temp custody until a full blown hearing, but you need to do this fast.

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