How can I get sole child custody of children that are not mine? 3 Answers as of August 03, 2011

I am trying to gain custody of two boys 6,7 years old from their mother. She has lived in shelters for the past 5 years and has not had the boys, they have lived with me or there legal grandmother. The mother during there visits had physically and mentally abused them. She neglected them as well as there hygiene and pondered them off to strangers. She gave her youngest son alcohol to put him to sleep. They have been with me for every holiday birthday and time in between she has not been involved with their school and she has no knowledge of anything that they are capable of. I have proof of all that I say in letters and pictures. She also has been absent from their lives years at a time with no phone calls nothing. They live with grandma but come to my house everyday after school and every weekend. She called cps on grandma for child abuse and they were at my house at the time the mother and police came to remove them. I know I am not a blood relative but I have to get them back. They are in danger living with her and I could not live with myself if something happened to them. So I want custody PLEASE someone tell me what I can do. I have a degree in medical assisting, I am cpr certified fingerprinted clearance for child care. Please I need them, this is their home they told the cps man the safest place they feel is here with me. Help me please what can I do?

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Michael Apicella
Michael Apicella | Apicella Law and Mediation
You can request court orders that you be appointed as the children's legal guardian. That process cannot be explained in an email or in a few sentences. It would be best to call a local family law lawyer for assistance.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
It is unclear as to what your relationship is with the children. In order to obtain custody, you would need to seek a guardianship over the children. The Courts prefer to give the children to a blood relative or a step-parent who has assisted in raising the children, so it would be important for you to gain the support to relatives. If CPS is involved you may be able to apply to be a foster parent to the children. If they are no longer involved, you would need to file a private guardianship action. In either case, you will want to retain an attorney as the burden of proof that the guardianship is both necessary and in the best interests of the children will be on you.
Answer Applies to: California
Replied: 8/2/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
You can retain an experienced law firm to represent you in attempting to obtain legal guardianship of the children. The court would have to find it is detrimental for the children to be with their mother AND it is in their best interest to live with you.
Answer Applies to: California
Replied: 8/2/2011
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