QUESTION

How and what do I need to get custody of my younger siblings

Asked on Dec 12th, 2022 on Juvenile Law - New Mexico
More details to this question:
My youngest siblings who are 6 and 4 are in an unsafe environment there are drugs , drug addicts and abuse my sister is rarely in school or and has no help adapting considering our mother had her on drugs I’m just so frustrated that these kids are having to live in these conditions if someone can please push me in the right direction I’d be very much greatful
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1 ANSWER

Family Law Attorney serving Fayetteville, AR at Mediations by Canova
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While I am a licensed attorney in the State of Arkansas and not New Mexico, I will tell you that you would have 2 options in Arkansas. The first would be to file a "FINS" (Family in Need of Services) petition with juvenile court to try to have the children removed from their parents' custody until such time as their circumstances change and they are in a better place to provide for the health, welfare and safety of their children. The second option would be to file a petition seeking guardianship of your minor siblings. As their guardian, you stand in the shoes of their parents and can make decisions for them. In Arkansas, you have to prove that both parents are "unfit" to get a guardianship, if either parent is going to contest it. I recommend talking to an attorney in the community where the children reside to discuss if either of these options are available to you. 
Answered on Dec 12th, 2022 at 9:41 AM

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