I want to take custody of my niece but I'm not sure where to turn. She is three years old and has already lived through more stuff than I have. My brother is in a bad situation and she is not being taken care of. I would like to approach him with this but I want to know the facts first. I also know the mother would have no problem signing over any rights that she has.
A little background about me... Im 26yrs old, single, with no kids. I've had a steady job for almost five years now and have also worked a second job for almost a year. I graduated last year with my associates in business science.

Would I have to pay for a lawyer?
Would I be able to get financial assistance for her?
Is it possible to get temporary custody and get assistance or would I have to go to court to get full custody?
Who would I need to talk to first?

If anybody has any information on where I should I turn it would be greatly appreciated. I can't sit by and watch her go through this anymore.

Hi,
Your first step is to call a lawer. Talk with them, ask what the fee is for the first visit. It's the only way to find out the cost of a lawyer.
Then, the lawyer will petition the court. After that, you will probably have visits from a court appointed person, such as Social Services, to check out your home, you, your environment, etc. They will also check out the child's living conditions.
It would be a good idea to tell your brother what you intend to do, rather than have a person from Social Services, or where ever, knocking on his front door, being a complete surprise!
This is a long process, and is in the best interest of the child. The lawyer will tell you what the chances are for success.
Best of luck,
fredg

Quote:

---

Originally Posted by Teetee

I want to take custody of my niece but im not sure where to turn. She is three years old and has already lived through more stuff than i have. My brother is in a bad situation and she is not being taken care of. I would like to approach him with this but i want to know the facts first. I also know the mother would have no problem signing over any rights that she has.
A little background about me... Im 26yrs old, single, with no kids. I've had a steady job for almost five years now and have also worked a second job for almost a year. I graduated last year with my associates in business science.

Would I have to pay for a lawyer?
Would I be able to get financial assistance for her?
Is it possible to get temporary custody and get assistance or would I have to go to court to get full custody?
Who would I need to talk to first?

If anybody has any information on where I should I turn it would be greatly appreciated. I can't sit by and watch her go through this anymore.

---

WHAT STATE ARE YOU IN??

MR.YET

Im in New Hampshire

Quote:

---

Originally Posted by Teetee

Im in New Hampshire

---

http://www.courts.state.nh.us/rules/misc/misc-9.htm

Hope this helps.

mr.yet

Thank you! :)

Your concern for your niece is certainly heartwarming. Unfortunately, few states, if any, recognize aunts and uncles as having any legal rights concerning a niece or nephew. Your post doesn't indicate whether your brother would willingly surrender custody. If so, then you could probably get a judge to award you custody without too much trouble, so long as the mother doesn't object and would generally be considered an unfit mother by judicial standards. If, however, your brother would not willingly surrender custody then you'd be in for an extremely lengthy and costly uphill battle, as it would require extraordinary circumstances for a judge to give an aunt or uncle precedence over a father. Even then, any custody order would be temporary and subject to frequent reviews. The minute your brother's circumstances improved, your niece would be returned to him. As for fianacial assistance, if you did obtain custody of your niece, you'd probably be eligible for welfare benefits for dependent children on a temporary basis, subject to the condition that you pursue the parents (your brother and your niece's mother) for a judgment of child support and that would involve added time and expense as well. Consult with an attorney who specializes in family law for full information. Contact the Lawyer Referral Service for your county for a reduced-cost or free initial consultation. All things considered, you're probably opening up yourself for a long, expensive and, ultimately, unwinnable war.