My 6 month old niece has been in my care for over 3 months while her mother was supposed to be going into rehab for alcohol. She was "released" from rehab after a week of the 21 day program and went to stay at a homeless shelter for over a month. She has only SEEN her daughter once in that time even though we have offered to bring her to visit. Yesterday she left in the middle of the night to go back with her boyfriend, also an alcoholic, without so much as calling to check on her or stopping by to see her. I have already filed for legal custody, but I feel like the baby is in more danger now. She CANNOT go back there. It's just not safe. Is there a way to get in front of the judge and ask for EMERGENCY custody until all this is over? Oh, I also have a signed, notarized power of attorney from her mother!

This has nothing to do with abandonment. Abandonment is a criminal charge involving leaving a child without any adult supervision. Clearly not the case.

I'm not clear what your issue is. According to you, the mother has made almost no attempt to see her child. You are currently in the court system applying for legal custody. You have a POA giving you the right to make decisions about the child's care (A guardianship agreement would be better).

So why try to rush things? If and when the mother tries to retrieve the child, refuse. If she calls the police show them your documentation including the mother's failure to complete rehab and tell them you fear for the child's safety in the hands of the mother. At that point you can apply for an ex parte session with the judge assigned the case to give you temporary custody pending the full hearing.

But I see no reason to try for an emergency hearing until the mother makes an attempt to retrieve the child. Also where is the father in this? Is the boyfriend the father? Finally do you have an attorney?

The boyfriend is the father. He made it clear when she came down here he couldn't take care of her. He is also not on her birth certificate.

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Originally Posted by jbarony1977

He is also not on her birth certificate.

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That doesn't matter. The court is likely to require that the father be identified.