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Home > Law > Family Law   »   How to go about retaining temporary custody of my four year old niece.

 
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Old Aug 27, 2006, 07:53 PM
Angelsretort
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How to go about retaining temporary custody of my four year old niece.

Hello, I am A 30 year old married mother of three wonderful if not fun children.
My sister has A beautiful ,sweet and very talkative four year old. For the last two years I have seen my beautiful 22 year old sister destroy her life with drugs. It started with her drinking A whole heck of A lot and has culminated into her taking anything she can get her hands on especially meth since her very abusive boyfriend supplies her with all she wants( he deals the drug).In the mean time the father is not listed on the birth certificate and does not really want to fight for his daughter so time after time I am called to go get my niece because her mommy is in jail or been beat up or just left her at A neighbors and not returned. I live in ok please help me I know to call A lawyer. Do I have A chance in you know where to save my niece from the same childhood I had? What do I do besides going postal....Thought I should tell you I have my niece right now...And don't know how long I will have her. I can't even take her to the doctor if she gets sick.

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Old Aug 29, 2006, 07:30 AM   #2  
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Quote:
Originally Posted by Angelsretort
I live in ok please help me I know to call A lawyer. Do I have A chance in you know where to save my niece from the same childhood I had? What do I do besides going postal....
Hello Angel:

Well, you answered your own question, and postal is not an option.

If you take that route, be prepared for a long, expensive and bruising experience that isn't going to end happily for everyone, you included.

excon
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Old Aug 29, 2006, 10:12 AM   #3  
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Document everything that you can concerning averse consequences your niece has suffered because of the parents' neglect. You and your lawyer will have the burden of proving these by at least a preponderance of the evidence. You'll also need to present evidence that you are better capable than the parents of providing a stable home for your niece.
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Old Aug 29, 2006, 10:35 AM   #4  
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Child neglect: from a reading: A lack of interaction with a child on the part of the other family members, which deprives that youngster of vital opportunities for development...
Child abuse: inflicted, non accidental, sexual , physical and or psychological trauma and /or injury to a child
.

I agree with S-C document everything...use visual tools... they help more with catching the Judges' attention...also include these factors the parents are living in poverty and will not provide the necessary shelter, clothing, food and health care that are required to keep this child safe and healthy...the parents response if maladaptive and their behavior is harmful...

For a doctor not to give medical help to a child because the parents are not available is neglectful and shameful and desires bringing to the attention of the superiors...any action to... failure to act... presents a imminent risk of serious harm to the child...unacceptable response for the medical authority here... right now worry about the child...keep the child safe...go to child protection and tell them and show them that you are the caring relative and it is in the best interest of the child to stay with family that cares...worry about the negative reactions of family members later...a child is at risk..to do nothing ...is to be blood guilty...
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Old Dec 6, 2006, 09:00 AM   #5  
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Hi there. We are on for the same reason I see. I have temporary custody of my 2yr old niece for the same reason. I flat out told my sister that if she didn't sign over custody then I would send her to foster care. It was a bluff of course, but she did it. I'm now seeking full custody where she can't take her from me again. She is in jail and got an 8yr sentence. I told her if she wanted me to keep her then I want full custody. She agreed. I'm trying to find out what papers I will need for that. What I did for temporary custody is I made her write out a letter stating that she has given me temporary custody of her daughter and I have the right to seek medical attention for the child. It was signed by a notary which makes it legal. I'm now able to take her for medical treatment if needed. The only reason i seeked temp. at the time was because she was trying to get on her feet (again). Now that she's in jail, i want full custody. The father is not on the birth cert. the baby has her ex-boyfriends name, but since he's not the father, he wants nothing to do with the baby. I would make that threat and see if she calls your bluff. if she doesn't agree then i would take her to court. if you can prove all the stuff that's going on, then you have a great chance of getting her. they would much rather give the children to family members who are ready to take care of them than to throw them into the system where they are forgotten and tossed around. I wish you the best of luck and patience, cause you are going to need it, believe me i know.
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