I am thinking about seeking custody of my nice in the next few months. My situation is a sticky one though. The niece that my husband and I want custody of his not a niece by blood. She's actually my husband's step-sisters daughter. We want custody of her because my MIL recently died and she'd been the one that had taken primary care of my young niece and her two year old sister and one year old brother. Their parents lived in the house with my MIL but neither one of them is cracked up to be a parent. Her father has a record for prior drug use and her mother currently has arrest warrents for check fraud. It's only a matter of time before they pick her up. If they do pick up her up, there's no way that she'll be getting out of jail. All three of the children would then wind up with their father and his family. I don't want my eight month old niece to wind up with his family. Would there be any possibility of my husband and I getting her?

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Originally Posted by mommydearest

I am thinking about seeking custody of my nice in the next few months. My situation is a sticky one though. The niece that my husband and I want custody of his not a niece by blood. She's actually my husband's step-sisters daughter. We want custody of her because my MIL recently died and she'd been the one that had taken primary care of my young niece and her two year old sister and one year old brother. Their parents lived in the house with my MIL but neither one of them is cracked up to be a parent. Her father has a record for prior drug use and her mother currently has arrest warrents for check fraud. It's only a matter of time before they pick her up. If they do pick up her up, there's no way that she'll be getting out of jail. All three of the children would then wind up with their father and his family. I don't want my eight month old niece to wind up with his family. Would there be any possiblity of my husband and I getting her?

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If I were you I'd go and seek information from my local court house or Department of family and children services. But I don't blame you I would try the same thing. Just explain the situation to them. Good luck!

Hello mommy:

The prior record for drug use isn't going to prevent the father from custody. If that's all you've got on him, and he fights your attempts at custody, you'll never win, and you shouldn't.

excon

excon is right on the money here. So, I can give no further answers there. But I have a question for you.

Why separate the eight month old from her siblings? You sound as though you want custody of her only. If they ever were to go into foster care, they would try to place all three together. Keeping siblings together is very important. So, how are the two year old and the one year old any better off if you just take in the eight month old?