WHEN DOES A AUNT OR UNCLE GET RIGHTS

WELL MY QUESTION IS DOES AUNT AND UNCLES HAVE ANY RIGHTS. THIS PAST YEAR MY HUSBAND AND I TOOK GUARDIANSHIP OF MY NEPHEW WHICH WAS 6 AT THE TIME HE IS NOW 7. WE HAVE TOOK CARE OF HIM AND HAS PAID ALL HIS EXPENSIVES FOR THE PAST YEAR IN A HALF. HIS PARENT WHICH IS MY BROTHER ONLY SEEN HIM 6 TIMES IN THE PAST YEAR. WHICH WAS AT MY EXPENSE TO TAKE HIM TO SEE THEM. BUT THEY ARE INTO DRUGS,ALCOHOL,BUMMING OFF ANY ONE THAT ALLOWS IT. HIM AND HIS WIFE ARE 26 YRS OLD. THEY DO NOT HOLD JOBS AND WHEN THEY DO THEY USE THE MONEY ON THEIR HABITS. THEY HAVE A DAUGHTER BUT THEY TAKE CARE OF HER. BUT NOT THERE SON. SO WE TOOK HIM IN AND HE IS LIKE OUR OWN. WELL THIS WEEK THEY DECIDED WE COULDNT KEEP HIM. THEY DONT WANT HIM BUT THEY DONT WANT US TO HAVE HIM FOR SOME REASON. WE HAVE PAID HIS HEALTH INSURANCE FOR THE PAST YEAR. AND THANK GOD WE DID, MY NEPHEW GOT A ILLNESS CALLED TULAREMIA AND GOT REALLY SICK HE WAS IN THE HOSPITAL FOR THREE WEEKS AND THEY NEVER CALLED OR CAME TO SEE HIM AND HE HAD SURGERY WHICH I CALLED AND TOLD THEM BUT THERE EXCUSE WAS NO MONEY. BUT THEY WENT TO SEE THERE FRIEND IN THE HOSPITAL A BLOCK AWAY. HE IS ONE OF THERE DRUG BUDDIES. MY NEPHEW TOLD THEM HE WANTED TO LIFE WITH US THAT THEY LIVE DIRTY AND WITHOUT FOOD IN THERE HOUSE AND WITHOUT WATER AND ELECTRIC SOMETIME. HE KNOW AT 7 WHAT HE WANTS. HE WANTS TO LIVE IN A BETTER ENVIROMENT. AND GET A GOOD EDUCATION. WHEN HE LIVED WITH THEM HE FLUNKED K. CAUSE THEY WOULD NOT GO TO PARENT TEACHER CONFERENCES OR GET UP TO TAKE HIM TO SCHOOL. HE KNOW WHAT HIS PARENTS DO. I PUT HIM IN THERAPY CAUSE WHEN I FIRST GOT HIM HE WOULD VOMIT AFTER HANGING UP THE PHONE FROM TALKING TO THEM. OR HAVE NIGHTMARES. HE IS SO LOVEABLE. MY HEART IS SO BROKEN RIGH TNOW. IM WORRIED FOR HIM AND HIS SISTER. BUT HOW DO YOU GET SOMEONE TO LISTEN AND HELP THIS KID THAT KNOWS WHAT HE WANTS. THE LAW SEEMS TO PROTECT THESE PEOPLE. WHO HELPS AND PROTECTS THE INNOCENT CHILDREN. WE ARE SUPPOSE TO BE ABOUT OUR KIDS. BUT IF YOUR NOT THE PARENTS YOU VERY SELDOM HAVE A CHANCE. WHEN DOES SOMEONE STEP UP AND HELP RELATIVES TAKE CONTROL IN THESE TYPE OFSITUATIONS. I COULD GO ON FOR DAYS ABOUT ALL THE BAD THINGS THEY DO. I LIVE IN ARKANSAS AND I HAVE CALLED ATTORNEY BUT THEY TELL ME THE SAME THING THEY PARENTS WILL GET A YEAR TO STRAIGHTEN UP AND THEY USUALLY GET WARNED WHEN THEY WILL BE DRUG TESTED. WELL HOW FARE IS THAT. DO I STAND A CHANCE? WHO DO I CALL TO HELP ME GET MY NEPHEW BACK AND HIS SISTER. ANY HELP I WOULD APPRECIATE. I DO NOT WANT THEM IN FOSTER CARE AT ALL OR IN DHS NOT WHEN IM FINIACIALLY AND ABLE TO TAKE CARE OF THEM.

Although aunts and uncles usually don't have any rights. In your case, you guys are his caretaker and definitely stand a chance. You have records (therapy) that you can use to your advantage. You can tell the courts everything that has happened and I'm sure you have proof that can back up your details. I attached a link below that has information on child custody attorneys in Arkansas. Look through it, that link can also give you information in this area.

http://www.lawyers.com/All-Areas-of-Law/...

But all I can say is "Don't be discouraged. What you guys are doing for that boy is great and you guys have big hearts."

To Be honest,It will take a little time to find the answer for the question of yours.have a look at the resource here for your reference .http://health-insurance.onlinebestoffer....

I agree that you need to have documentation of everything you can.. especially the medical care, and his emotional interactions. And stay in touch with cps. It is true that parents are legally offered a year, and often they are referred to services to help them "solve" their problems, before the state can petition to terminate rights. You CAN notify cps that you have had him live with you, and they may place him with you as foster parents.
The key thing is that even with the opportunity.. there is always the chance that the parents will not comply with what they call the service plan, and in a year, the state will say that they have had enough chance. Yes.. I understand your concern about the risk.. but in ONE way, this could be to your advantage. Most states that I know, grandparents can file for custody if parents are unfit..not aunt/uncle. OR, the state has authority to file to terminate. You see, cps has more authority than you to make certain demands of the parents, and investigation rights.
At this time, the law does make sure that the parents rights are not taken away.. without good and legal reasons. They have more clout. And if the parents continue as they have been, they will NOT get the children back. See what I am saying? Keep doing what you can, and have faith. EITHER way, the kids will be protected.

Your question was difficult to read because it was in all caps and pretty rambling.

But I think the gist of your question was if as an aunt or an uncle if you could obtain physical or legal custody of a nephew.

Why do you not document all of this, hire an attorney, and work with the situation for the next year? See if you can get some type of court protection or court order for the child to live with you for the year while the parents straighten up. If they don't, then the court has record of you caring for the child and willing to put the fight up to keep them out of foster care. You have to take this one step at a time. Document everything, keep in touch with the attorney, see if you can make a case for abandonment, abuse, or neglect. The courts will always try to keep a family intact and with the natural parents whenever possible. So it will be up to you to use this next year to your advantage to obtain legal and physical custody of the child.

I had a friend in Florida that went thru the same thing with her kids, but they were her daughters childern... and they were all treated the same way, sooner or later they got social services involved or shall I say they were in the mix of it all and they evaluated the boys and there atomsphere that they were living in with there parents, and to make a long story short it was a huge court battle but the grand parents got to finally adopt the grand sons... So I'd involve them, and explain your total situation to them, that don't mean that they will have to go to foster care at all.. but I'd think it would be better there than living with your brother and his whatever wife you stated.. Its not about pride, its about Protecting the childern your right...
put it on record make it legal.. thats the best you can do for the lil ones..