Okay first off I live in Indiana. Secondly I would like to know if anyone knows what steps I need to take to get custody of my niece. Here's the story: My sister and her husband are divorced theyhave been going to court off and on for approx. 6 years now over custody issue. She is currentlyliving with her father. My sister is unstable and unsuitable to be a parent. Just recently she tried to commit suicide, and my mom talked her into going to a hospital. She went for a evaluationand they diagnosed her as a drug addict and kept her against her will for 3 days. She is living in a camper in her fathers front yard. She does not work is going through her second divorce. She uses drugs and is an alcoholic. My niece was recently sexuallymolested at her house during a party. As for the father, he remarried after trying to commit suicide when him and my sister were together. His new wife has filed police reports stating that he is addicted to crack and abusive. And I know from I witness verification bymyself thathe does speed, crack, and marijuana.They are in the process of filing for a divorce. There is other documented cases of him being abusive to his new wife and thers a police report on his attempted suicide. Meanwhile my situation, is I have 2 son ages 3 and 5. I live with their father, we have been together for 7 years but are not officially married. Neither of us drinks or uses drugs. I am 25 and my (hubby) is 31. Neither one of us has ever been in trouble with the law. We are both going to college. I am a stay at home mom and he works full time. We are currently living in a two bedroom apartment but I would be willing to move to a three bedroom apartment if I get my niece. We are currently receiving food stamps. We have a stable environment and I feel the only problems imight encounter with trying to get custody is that we are on foodstamps, not married (which we will resolve if it takes it to get my niece, we are not married because we get more money from taxes single to pay back school loans), and the two bedroom apartment. I have talked with several members of my family who are willing to verify my character reference in court if need be. But I'm not sure what I need to do to start the process. I have not talked to my sister in two years but have kept updated on the events in her life. Any help would be greatly appreciated.

Why don't you marry and resolve a whole plate-full of issues? Custody of a niece can be problematical because the natural parents have the advantage in a custody fight. Try to get written permission for the child to stay with you, dated and signed by each parent, not necessarily together. You will need this for getting your niece medical treatment, if for no other reason.

A lot depends on the laws in your state and the precedence set in other cases in your area. Proving that you could provide a more stable and nurturing environment for your niece will be no problem, taking everything you report at face value. You are simply a far better resource for your niece than either of her parents at this time.
Whether you are on food stamps should really make no difference. If this child was removed from both parents and placed into foster care, the "state" would still be footing the bill for the child's welfare, just from a different "bucket of money" than the food stamps "bucket." It's a wash.

Technically the same could be said for the whole marriage thing. In all, it really shouldn't matter because you can still provide a good home. There's no law saying that caregivers HAVE to be married. Playing devil's advocate to myself, it also wouldn't hurt to be married to show even more stability in your home. So either way on that one, I guess.

I would look into the laws and policies of your local Health and Human Services Department regarding "Subsidized Guardianship." This is an option in which neither parent has to give up their parental rights but essentially agree to let you raise their child. George was right, you need in writing permission from both parents, and this is a good way to do it (if they aren't going to be agreeable to you "taking" their daughter, you explain that you are not, just helping them until they get on their feet). It would also mean that her medical needs would be covered as well as other benefits.

It sounds like you have a really good heart and a deep concern for your niece. I wish nothing but the best for you and your family and I thank you for stepping up to help a child.

[QUOTE=Izannah]Whether you are on food stamps should really make no difference. If this child was removed from both parents and placed into foster care, the "state" would still be footing the bill for the child's welfare, just from a different "bucket of money" than the food stamps "bucket." It's a wash.

Technically the same could be said for the whole marriage thing. In all, it really shouldn't matter because you can still provide a good home. There's no law saying that HAVE to be married. Playing devil's advocate to myself, it also wouldn't hurt to be married to show even more stability in your home. So either way on that one, I guess.


This must vary from State to State - income (and, thus, food stamps) DOES matter in NYS; also, the Courts are very reluctant to place a child with a "not officially married" couple.

Of course, if the parents are willing to sign those factors don't matter.

If the child is being abused or neglected you MUST report it - perhaps again - to the authorities.