[greentina09]

I was actually wondering how would I go about getting temporary custody of my two year old niece in the state of Michigan. Her mother my sister is willing to sign for the temporary custody but her boyfriend and the babies daddy will not be willing as much as she is. I just want my sister to be able to get back on her feet and I want my niece to be taken care of while she is doing so. She is not a bad mother she just needs to do it on her own. Please if you can help me to answer my questions. I need to do this before next week cause the father is wanting to take them to Tennessee and I can not foresee that to happen while I am around.

[stevetcg]

First things first - your sister needs to not allow the kids to be taken out of state.

If the father won't allow a temporary guardianship, what is he doing to raise his children?

[ScottGem]

You will not be allowed custody or guardianship while there is a biological parent willing and able to care for the child. Especially if that parent objects.

The boyfirend has no standing here. But the bio father needs to have paternity established before he can act as a parent.

[stevetcg]

The boyfirend has no standing here. But the bio father needs to have paternity established before he can act as a parent.

I read it that the boyfriend IS the bio father. I might have assumed too much though.

Good point about paternity though. I had figured that it already had been established if she was allowing him visitation/travel.

[ScottGem]

Yeah, rereading it, you could interpret it either way. But if the boyfriend is not the father he has no standing.

You need to determine what the legal relationshiops and custody is. If the father is legally the father and there is no court order prohibiting you may not be able to stop any move.