Guardianship For Nephews

Summary

In South Carolina, a person must be at least 18 years old to be a legal guardian. The current legal status of the childrens biological mother and your mothers criminal record may affect the guardianship process. It is advisable to consult with a family law attorney to understand the specific steps and requirements for transferring guardianship in your situation.

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I'm actually speaking for my mother. Currently we are in a situation regarding guardianship with my nephews. My brother, their father is deceased and their mother as just been released from prison, the prior to going to prison we had went to family Court and legally my father had one guardianship over the two boys. My mother and father are married, however they have been separated for many years up until recently of the last five. My mother is not on the guardianship papers. Because she had moved back in to take care of the boys. Recently in the last month or two my father has abandoned my mother and the children and currently we do not know where he is so the children have been in her care solely in the last two months. We are trying to enroll the children in school but they are needing guardianship papers and we are just wondering what is the actions that we should take in going about that? I also should mention that the children was placed in DSS care years ago over * for a short period of time until my father got a lawyer and they granted him guardianship so they have been in the system before I don't know if that makes a difference or not.
What state are you currently residing in? This will help me provide the most accurate information regarding guardianship laws in your location.
South Carolina
What is the age of the children? In South Carolina, a person must be at least 18 years old to be a legal guardian.
*, *
What is the current status of the children's biological mother in terms of her legal rights and responsibilities?

In South Carolina, guardianship can be transferred by court order. It's advisable to consult with a family law attorney.
Her rights for the children have been taken indefinitely. She is not allowed for nor will be able to petition the court for custody of the boys
What is the current legal status of your mother? Does she have any criminal record or any reason that might prevent her from gaining guardianship?
Yes she is a felon with drug charges, bank fraud, amongst many other things
What is the current living situation of the children? Are they living with your mother or are they in foster care?
The children are living with my mother and my brother.
What is the legal status of your mother? Does she have any criminal record or any reason that might prevent her from gaining guardianship?
Oh no she's never been in trouble or even a traffic ticket for that matter
What is the legal status of your father, the current guardian on record?
Nor has my younger brother
What is the legal status of your younger brother?
Their father passed away it will be 5 years this year this month but he also had legal problems as well but that's probably irrelevant now he's passed away
What steps have you taken so far to transfer the guardianship to your mother?
We have taken none thus far. That is why I am consulting with you to see on how to go about getting that
We have not taken any steps towards transferring the guardianship over to my mother that is why I am seeking legal help to see how we should go about doing that
What is the financial situation of your mother? Can she afford to take care of the children? In South Carolina, the court considers the financial stability of the guardian.
Her financial situation is my brother as of right now is currently taking care of her and the boys financially but she has received the state's help with SNAP as far as food goes
What is the status of the biological mother's parental rights? Has she legally lost her rights or is there a chance for reinstatement?
She doesn't have any the judge took them away and definitely. I'm speaking of their biological mother
What steps have been taken to locate your father, the current legal guardian?
We have called and left messages voicemails spoke to family members contacted his job that we found out he no longer is employed at no one has heard from him. I did receive a text message 2 months ago with him saying that he has moved out and that he wasn't coming back and then I needed to come and get them. Them being my mother and the children the steps that I have taken his voicemails contacted family members his employer
Have you reported your father's abandonment to the local authorities or child protective services? In South Carolina, abandonment is considered a form of child neglect.
No that is what I'm trying to do today actually. But would just like to be prepared on what is will happen and what forms I would need to do or what actions I would need to to take in order to do all that
What is the current status of the children's biological mother in terms of her legal rights and responsibilities?
She has no legal rights has been stripped from them
What is the current status of the biological mother's parole or probation?
She is not on parole or probation
What is the current status of the biological mother's parole or probation?
She is not on parole or probation
She is not on it
No probation
N/a