If I accept guardianship of of my niece and nephew they want me to take thier brother who is not related to me. Can i turn around and give guardianship of him to his father?

Wht state are you in? That will help me to give you the laws in your state. I am not sure as to why their asking you to take guardianship of all three children, I no they do not like to split the children up, but that is usally what happens if their put in foster care. In answer to your question if you were to consent to guardianship and I am not sure that you can at least for the child that is not related to you. Once the court grants you to be the childrens legal guardian you cannot give the child to his father, the court gives a person the right to have guardianship, not the right to make decitions about where they can reside, you would not want to get guardianship just to give the child to the father, if that is your intent then you would be lying to the court. What needs to be done is the father needs to step up and file for custody, unless his rights have been terminated for some reason or he is not on the childs birth certificate, and never married to the mother, he can file for custody.

We are in georgia. The father is not on the birth certificate and has been trying to cooperate with dfacs but they basically tell him he has no rights, but yet they subpoena him to all the hearings. Mother acknowledges to dfacs that he is the childs father

The father needs to get a DNA asap, he needs to call the court house and see if he has to use their court DNA agencies, if not then he can contact human resources and request he wants a DNA taken, as of now they are right the father has no rights until he proves partenty, they may subpoena him but that is more for him to help with any evidence he may have on the mother, to help their case. I would sujest that he takes a parenty test, before the state takes the child and puts he/she into a foster home, after a certain period of time the state can adopt the child out. You cannot get gurdianship and give the child to the father, but what you can do if your willing is get the guardianship if the state is willing to let you, guardianship is tempory, until the parent decides they may want to filefor custody. The mother cannot file for custody because the state has taken the childrn out of the home, but the father as soon as he proves paternty he can file for custody of his child and the court can grant him custody.All you need to do is not fight him on it and agree to give up your guardianship. That way this can be done with less cost. These are just options you may have, so I would talk to the father and see if he is willing to take a DNA, hopefully he wants his child. Also if the father can afford a lawyer, and there are low cost lawyers, it may be a good ideal to get one, or at least consult with one, there are many that offer free consutation so worth consulting with.

What if I take guardianship with the intent that the father do this and then he does not follow thru. Can i then turn around and give up my guardianship back to the state?

You can give up your guardiandship if you feel you no longer want it, but if you are not sure of the fathers intent, I would not go though with the guardianship, it is not fair to the child, or to the sibleys. This is a very seriuos matter, and the father can do this now, and maybe he can get the partently test results back before the guardianship can be done. Check with the CPS and see if you can be a foster parent for the child, verses taking guardianship, you are really kind in your attemp to help these children, and to want to help the father is great, but as you say what (IF) he does not go though with taking the DNA, also do you no if he is the father 100%, I belive that the father should be the one to step up and do something now, and not to have it all fall on you. I would sujest you tell the father if his intent is to do this, then do it now and you will then find out if jis intention is good, you do not want to get guardianship and then the father to jus want you to allow him visits, that would not be fair to you. How well do you no the father? Think about this before making any rash decitions ok?

Which is the best solution for the two and the three children? You should not accept a guardianship if you do not intend to follow through long term.

To be honest I want the two, but dfacs tells me if i don't take all three then I can't have the two. The third is no relationship to me whatsoever. So instead of giving me the two they would rather put all three in foster care.

You need to decide what you want here, this seems to be hard for you because you want to do the right thing, if you feel you do not or cannot take all three children then don't. The DCF services should not be telling you that you have to take all three, you might want to consult with an attorney to see if what their saying is even true, they have ben known to lie to get what they want, have you considered trying to see if the grandparents would be willing to take all the children, or another member of the family. You love these children and I can see that but your heart has to be in this, if your unhappy then the children will be unhappy. After cosulting with an attorny and finding out if you can or canno just take guardianship of the two, then you will no your answer to what you have to do. There are many lawyers that give free consutaion call one it will be worth it in the long run.

How do I file for custody of my niece and nephew. There is no other family members able to take care of them.

If the DCF is invovled and I asume they have by what your saying, they can guide you in how to apply for legal guardianship or custdy. You can also file a motion with the court asking for custdoy the children have been with you two years now, you can either contact legal aide, and consult with an attorney, you can find them in the blue pages of your phone book under government and they go by income, also they do handle family law. I could tell you to go online to download the forms and file with the court yourself, but I would rather sujest that you call legal aide, because the DCF is aware of the situation and can help you, doing it on your own is not the way to go in this case, usaaly that is the way to go if the parents both sign consenting and this is not the case. I really wish you all the best in your decition, I no it was hard with so many things to try to figure out.