You could do a guardianship through probate court. You don't say what the other parent's position is on this; that might be a problem if the other parent wants custody. It would still be possible to do a guardianship under some circumstances but it would certainly be more difficult. If the other parent agrees there should be no problem.
Does the other parent agree? You can't give them custody but you can give them the right to make decisions without a court order (see attached form). Otherwise one of them can file a guardianship to have full rights.
Depends. The courts will take the rights of the other parent and the best interests of the children into consideration. Contact a family law attorney to review your particular circumstances.
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