[Concerned13]

What can I do to obtain custody of my 13 year old niece since my sisters passing. Two years ago while my sister was visiting she wrote out her wishes as to what she wanted to happen to her daughter in the event of her death. She signed, dated and had this paper notarized. What can I do to carry out her wishes. While her husband is controlling, compulsive and was emotionally abusive to my sister I am not sure how that relates to his parenting. He lets my niece hang out at friends houses all too much and even told my mother he made my 13 year old niece take a pregnancy test! Since my sister had been ill it seems a though that she was allowed to be at her friends houses even more. I am genuinely concerned about her welfare since he was not diligent in my sisters care as he could have been. He is not one to be concerned about taking her to the dentist, yearly physicals. My husband and I are more than willing to take her as we have two daughters of our own at home. My niece really enjoys spending time with my older daughter 19 who I believe will be a good role model for her as well. Where do I go from here?
Concerned13

- moved from Forum Help -

[Fr_Chuck]

You would have to go to court ( with an attorney ) and file for custody of the child. If the father does not object, it will be easy, if he objects, then you will have a court battle, having to prove he is not fit to raise the child.

[ScottGem]

Generally courts will not award custody to a 3rd party when a parent is in the picture. You would have to prove unfitness to a family court to gain custody