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Emergency Custody question?

I found out today that my sister passed away. She had 7 children, 2 of the 7 from different men. I am not worried about the 5 she has with her husband as he is a great father and will take care of them. The ones I am most worried about is the 14 year old (his father is in prison and there is no family to take care if him at the moment) and the 5 month old baby - from what I have heard he is an alcoholic, violent drug user. He currently has the baby with him. I live in San Jose and she lives in Oroville CA which is about 2 hours from me. I am planning on going to Oroville on Tuesday to go to the courts and am hoping to get the baby and the 14 year old so I can raise them as my own. Can I get an emergency custody hearing for the baby? What paperwork do I need to file? I am so distraught at the moment and all I can think about is that poor little baby, it's making me sick to my stomach. I made a promise to my sister that if anything ever happened to her I would raise her children. Any information would be greatly appreciated. I plan on coming home on Tuesday with my niece and nephew.

Update:

As far as I know she did not have any documentation. She was only 33 years old. My nephew has told me he wants to come and live with me. The father of the baby has been in and out of jail, would beat my sister and is an alcoholic. He has another child from a previous relationship and he does not take care of that child. I am hoping that when I speak to the baby's father he just gives her to me willingly. Because I really want to help him.

3 Answers

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  • 1 decade ago
    Favorite Answer

    You need to find out if your sister had a will that addressed who she wanted the children to live with.

    You need an attorney. You aren't going to be able to drive there on Tuesday and just speak to a judge.

  • ?
    Lv 6
    1 decade ago

    My condolences for your loss.

    I think the 14 year old should stay with the other children if at all possible. There has been enough drastic change today.

    The baby will be with the Father. Maybe you could offer to take the baby.

    Hopefully your Sister prepared some legal documentation regarding her wishes.

    One step at a time. DO NOT drive alone, okay?

  • 1 decade ago

    Wow my prayers are with you. You should talk to someone in the court first or see a lawyer

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