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    NIKKI2468's Avatar
    NIKKI2468 Posts: 4, Reputation: 1
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    #1

    Jul 22, 2008, 05:45 PM
    Getting custody
    How do I get custody of my niece
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 22, 2008, 06:10 PM
    Are the mother and father are both willing to give you custody?
    ACE QUEEN's Avatar
    ACE QUEEN Posts: 8, Reputation: 2
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    #3

    Jul 22, 2008, 06:14 PM
    With the consent of both parents, you can get custody through a lawyer. :) Do it the legal way and in harmony.
    NIKKI2468's Avatar
    NIKKI2468 Posts: 4, Reputation: 1
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    #4

    Jul 22, 2008, 06:23 PM
    What Do You Mean By A Lawyer... can My Sister And I Write Up A Contract And I Take It To A Lawyer And Be Done With It?? I Mean I Would Like Some Kind Of Straight Direction
    NIKKI2468's Avatar
    NIKKI2468 Posts: 4, Reputation: 1
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    #5

    Jul 22, 2008, 06:25 PM
    And I Am Going To Do It The Legal Way I Just Need Someone To Tell Me Which Way To Go... will I Have To First File For Guardianship... I Mean Heeeellllpppp
    NIKKI2468's Avatar
    NIKKI2468 Posts: 4, Reputation: 1
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    #6

    Jul 22, 2008, 06:25 PM
    And I Am Going To Do It The Legal Way I Just Need Someone To Tell Me Which Way To Go... will I Have To First File For Guardianship... I Mean Heeeellllpppp
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #7

    Jul 22, 2008, 06:37 PM
    Judy, scott or Fr_chuck should be able to tell you the step by step procedure but they aren't signed on right now. I am sure one of them will answer tonight.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #8

    Jul 22, 2008, 06:38 PM
    Well, there's obviously different answers for different situations.

    First of all, are you just trying to get guardianship, or are you trying to adopt?

    You placed your question in "Adoption", so it's my guess that that's what you'd like to do.

    To adopt, you NEED a lawyer. A lawyer will walk you through, step by step, what you need to do legally for YOUR area of the country/world.

    You also need permission from BOTH parents--that means the baby's dad as well as your sister.

    So what you do is this: You and your sister make an appointment to talk to a lawyer specializing in family law. You explain the ENTIRE situation to the lawyer. The lawyer tells you whether what you want to do is legal or not, and how to make it legal in a manner that is satisfying to all parties involved.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jul 22, 2008, 08:37 PM
    Quote Originally Posted by NIKKI2468
    What Do You Mean By A Lawyer....can My Sister And I Write Up A Contract And I Take It To A Lawyer And Be Done With It???? I Mean I Would Like Some Kind Of Straight Direction

    I am just signing off so this will be brief - if both parents consent - and they may be required to appear in Court to be questioned before consenting so that there is no question that they understand - you would then apply to adopt the child. The Court will evaluate you and your living situation and either approve or not approve the adoption.

    People post all the time that they surrender a child for adoption and now, some years later, have changed their minds. They both need to give informed consent.

    If you are talking about a custody/guardianship arrangement it is different.

    At any rate - no, you need an Attorney because you must be 100% positive that both parents understand and give unqualified, fully informed consent.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Jul 22, 2008, 08:38 PM
    Quote Originally Posted by ACE QUEEN
    With the consent of both parents, you can get custody through a lawyer. :) Do it the legal way and in harmony.

    I'm sorry but you don't get custody through a Lawyer - you get custody through the Court using the expertise of a Lawyer to guide you through and advise you. Attorneys cannot grant custody.
    biotchgiggles's Avatar
    biotchgiggles Posts: 4, Reputation: 1
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    #11

    Aug 18, 2008, 12:36 AM
    If she is just giving you guardianship of your niece then all you need is for her to write up a letter and have it notarized no attorney no courts involved. As long as you have an agreement between the two of you and for how long then you should have nothing to worry about. She also has to mention the fact that you have all rights to her basically and carry that notarized letter around with you.
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