You will need to file a Petition for Change of Custody with the Court where the legal custodian and the children are residents. You need to allege (discuss) why the children were placed with your Uncle, and what has changed since you did that. It is a "Best Interests of the Children" standard that the Judge will look at. Then, if the Court determines that there has been a "Material Change in Circumstances" since the children were placed with your Uncle, the Judge will determine whether or not it will be best for the children to return to your custody.
There is a good chance that the Judge will appoint a Guardian ad Litem, who will talk with you and all concerned, and the children, and make a recommendation to the Court as to whether or not it will serve the best interests of the children to be returned to you. The fee for the Guardian is usually split between the parties (you and your Uncle), but sometimes, the Court has money set aside for those fees.
Have you remained in your children's lives? That is a very strong point that will be made. Have you tried to remain active in their lives and your Uncle refused to allow it? That, too, is a strong issue for the Court. How long has it been since that happened? How old are your children? How do the children feel about it? All of these questions are key to your case. Any Attorney who practices in this area of law should be asking you these questions BEFORE they ask for your money.
I hope this helps.
Danielle D. D'Eor-Hynes, Family Law Center, LLC
www.hynesfamilylaw.com
Answered on Oct 09th, 2011 at 11:06 AM