She is in a very bad enviroment in which her mother is homeless and heavy into drugs. her mother just lost custody of her 3yr old son to his father and my nieces father is avoiding the issue all together. please some one help me i am affraid for her life. she is my world.
2007-03-26 10:03:26 · 8 answers · asked by froggieandone 1 in Family & Relationships ➔ Marriage & Divorce
If the Department of Family Services is involved, you need to talk to them. They can arrange for a relative to take a child if the parent is deemed unfit.
You will most likely have to get a lawyer to obtain custody, unless the parents sign over their rights to you.
2007-03-26 10:09:50 · answer #1 · answered by Marina D 6 · 0⤊ 0⤋
You do not need to hire an attorney to gain custody of your niece. If the mother is in agreement with you taking her, you both can petition the juvenile court for custody, attend the hearing and explain to the magistrate why it would be best for the child. If it is just a concern and the mother is not a willing participant, you can still petition the court, have them notify the mother and father of the hearing, attend and explain the situation, 99% of the time, custody is granted. Or you can contact CPS and inquire about kinship care and have them assist you in filing for custody. There are many ways to attain custody, it just depends on the variables. Don't worry about not having addresses for mother and father, they can be notified by publication. There is one more thing that you can do to try to speed things up. . . You can go to the juvenile courts, tell the clerk that the child at risk of being neglected, ask for an emergency hearing. The clerk will go right then to talk to the Magistrate and you will see the magistrate that day! In court, they will ask you about the situation and determine if the situation requires an emergency hearing to grant custody. Oh and there is a fee, but if you don't have the money, don't worry. You can ask for a waiver of the filing fee. It is based on income. I hope I helped. I went through this process three times already for my niece's children.
2007-03-26 10:23:39 · answer #2 · answered by justruble 1 · 0⤊ 0⤋
If you have decided to do this. You need to approach CPS and report your nieces mother and make it clear that you are not only willing to take in your neice, but that you are hoping for custody and are willing to go through the legal channels and psych evals that are put upon people in these situations. It will be a long process, but you need to make contact with CPS and local homeless support services so that you can keep track of where your neice is and CPS will determine when is the least tramatic time to remove her from her mothers care. Try to remember that her mother wasn't always this way and that she still could recover. In the case of the father, you will have to make it clear to the court that he abandoned the child figuratively and physically so that he can not step in and take her at the last minute before you get custody.
Good Luck and I hope your neice, her mother, and you all get this situation resolved so that the little girl can grow up in a healthy enviroment.
2007-03-26 10:16:23 · answer #3 · answered by espressoaddict22 3 · 0⤊ 0⤋
If you are so concerned I would place a call to children services explain to them the situation and you fear for the well-being of your niece and be ready to open to taking your niece into your home. Remember though you may lose all contact with your sister since she will most likely hate you for the rest of her life.
Personally the situation warrants the child to be taken away from the mother she is un-fit and incapable of giving her a safe and supportive home.
Speak to a lawyer and get some information that may help you with this dilemma.
God Bless it makes me happy to see people stepping forward especially in families to help out children who are falling through the cracks.
2007-03-26 10:12:18 · answer #4 · answered by Livinrawguy 7 · 0⤊ 0⤋
Contact child protective services and, with your lawyer's assistance, notify them in writing that you are willing and able to parent your niece. If you wish to gain legal custody of her, you will need to follow your lawyer's directions carefully.
The fact that you love her so greatly indicates that you would, in fact, be an excellent choice to be her parent. Emphasize this whenever and wherever you can.
Every child deserves a champion; be hers!
2007-03-26 10:16:22 · answer #5 · answered by MomBear 4 · 0⤊ 0⤋
Has she been take yet? if so then you can talk to the CPS and take her in as a foster child then adopt her once the parents lost custody.
2007-03-26 10:08:42 · answer #6 · answered by ERICKSMAMA 5 · 0⤊ 0⤋
Get a lawyer to take her to court to prove her unfit. If there is a father, you'll have to prove him unfit as well. Your husband should support your decision.
2007-03-26 10:54:38 · answer #7 · answered by J Doe 5 · 0⤊ 0⤋
its best to talk to a lawyer the dept of human services usally lets the state have them foster care my grandkids were put in homes
2007-03-26 11:02:28 · answer #8 · answered by sweetgranny06 7 · 0⤊ 0⤋