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    cortezann's Avatar
    cortezann Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 21, 2005, 01:22 PM
    How to get custdy of my niece
    I have had tep custdy of my niece for 4 years her mom ha not help my with nothing I have done everything for this child her mom got mad the other day because everbody tells her why won't she help me with her child so she got mad a said she was going to pick her up and keep her because she's tired of everybody telling her things but my niece does not want to back with her see cried and cried she says she does not like over there because her mom hits her and does not take care of her she is use to me I don't want to send her back cause she don't want to go back all her life she has given her to her aunts because she can't handle her she has never lived with her forever its allways me or some one else my niece has adhd and have taken care of her for ever I want to what I can do to keep her with me my niece even wants me to go to court to get full custdy of her but I want to know if there's an easy what to to this her mom said she's picking her up after christmas and I'm so worried that if she takes her she will be mean to her and hit I'm running out of time please HELP :(
    Chery's Avatar
    Chery Posts: 3,666, Reputation: 698
    Gone, But Not Forgotten
     
    #2

    Dec 21, 2005, 02:18 PM
    I am no legal expert, but if the mother does drugs, or is not employed, then you might have a chance if you report her to the youth authority. There are some very good legal advisors here, and I'm sure they will come on line soon. I certainly hope that all will work out for you and your niece. Wishing you all the best.

    P.S. It would help them if they knew which state you live in, as each state has different laws. So, please give as much information as possible to include why you had your niece for so long and who's idea this was. If there is a university near you, you might also check with some law students for information. But all in all, I have a feeling you will need a lawyer. Good Luck.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Dec 21, 2005, 02:36 PM
    Custody
    Ok, first get an attorney very quickly, most likely the one that got you the temp custody.

    I will assume that the court has issued you temp custody of the child,if so, then at this point and time you have custody, not the mother, so she can not just pick her up. She would have to go back to court and get the temp custody order set aside. Now if you want permanent custody it is going to be hard to get, they almost never give if, because of a parents life style.

    Also where is the father in all of this, since he has legal rights also but I assume that was addressed in the temp court hearings.

    While you may get full custody, most likely the court will merely continue the temp custody pending the parent getting their life under control.
    Since normally that is what courts look for,

    Butyou never know. Check with the attorney that got you the temp custody, since that should mean you have custody rights as of right now, until a court deems otherwise. ( depending on all the decrees and wording of the document)

    Now if you don't have a legal temp custody, if someone just said here take care of this child, then you actually have nothing.

    Get the attorney working on it, and check with them, but if you have custody, even temp, then no one can take the child without going back to court ( my opinon anyway)

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