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The first thing that must be established is that the parent(s) or whomever is caring for the children is neglectful and/or abusive towards them. The interested party should contact the state's department of children and family services and request an investigation. The results of an investigation determine what if any action should be taken. Even if social services find just cause to remove the children from the home, this does not mean that the interested party would be granted custodial/guardianship rights.

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Q: Where do you start the process to get custody of kids that are not yours?
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How do you get your kids back from their dad if neither parents have custody?

If both parents do not have legal custody of the children, they can file a petition for custody with the family court. It is advisable to consult with an attorney to understand the specific legal requirements and steps to take in your jurisdiction. The court will consider the best interests of the children before making a custody decision.


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