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-   -   How to obtain custody of my niece! (https://www.askmehelpdesk.com/showthread.php?t=246777)

  • Aug 8, 2008, 09:36 AM
    Worried Auntie
    How to obtain custody of my niece!
    My niece currently lives with me. I have a notarized paper that states that I can put her in school and take her to the doctor etc. I realize that the paper is not legally binding. However it is working at the moment. There is a long story behind my nieces life and for a child in the first grade it shouldn't be long. Her dad has custody, the mom left before she was 1, she lives with me currently, he shows no ambition when it comes to bonding with her, doesn't call/stop by etc. Keep in mind that he goes past our house daily. He is married, no other children. I honestly think that he just doesn't want her. What should I do to go about getting custody? I'm also afraid that if I tell him I want custody he will take her back with him. I am not an expert on what I should or shouldn't do, just and Auntie that is worried about how her niece will cope with not having either of her parents or even that possibly being moved away from us as well. Please help it will be greatly appreciated.
    :confused: :mad: :(
  • Aug 8, 2008, 10:04 AM
    JudyKayTee
    Quote:

    Originally Posted by Worried Auntie
    My niece currently lives with me. I have a notarized paper that states that I can put her in school and take her to the doctor etc. I realize that the paper is not legally binding. However it is working at the moment. There is a long story behind my nieces life and for a child in the first grade it shouldn't be long. Her dad has custody, the mom left before she was 1, she lives with me currently, he shows no ambition when it comes to bonding with her, doesn't call/stop by etc. Keep in mind that he goes past our house daily. He is married, no other children. I honestly think that he just doesn't want her. What should I do to go about getting custody? I'm also afraid that if I tell him I want custody he will take her back with him. I am not an expert on what I should or shouldn't do, just and Auntie that is worried about how her niece will cope with not having either of her parents or even that possibly being moved away from us as well. Please help it will be greatly appreciated.
    :confused: :mad: :(



    You need an Attorney to get legal custody - all you appear to have is some sort of limited guardianship or permission for medical treatment.

    No way of knowing what he will do if you ask him for custody and, yes, it's possible that he will take her back. Unless she is in danger I don't see the Court stopping him.

    You need legal advice.

    I'm sure you realize you cannot obtain custody of any sort without him being notified.
  • Aug 8, 2008, 10:05 AM
    N0help4u
    As long as the dad is not willing to give over custody you will not be able to get custody.
    You can go to family court for a more legal guardianship though but dad again has to agree to it.

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