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    robsgrl's Avatar
    robsgrl Posts: 4, Reputation: 2
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    #1

    Dec 6, 2006, 10:11 AM
    I want full custody of my 2yr old niece
    My sister is in jail and she agreed to sign the papers for full custody, but I'm not sure which ones I need. I have temp. custody of my niece right now and I've had the baby off and on since she was 3mos. Old. Every time my sister feels like playing momma she comes and takes her from me and with only temp. custody she has that right. While she's in jail I decided to get full custody so she can't come and take her away from me when she gets out, at least not without taking me to court first and having to prove that she is fit. She got an 8yr sentence and I don't want her to be able to just walk into my house and take her after 8yrs and the baby no longer knows her. What papers can I get to make sure this doesn't happen? Thanks.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 6, 2006, 11:36 AM
    You need to file a petition for full and total custody. The Family Court clerk or a Family Services rep can advise you of what forms you need complete.

    However, unless your sister voluntarily relinquishes her parental rights, she can, when she gets out, petition the court for custody. She will have to prove fitness, but if she does, she may have a shot at getting custody back. As you point it, with full custody, she will have to take you to court and prove fitness to regain custody.

    I'm sorry to be the bearer of such bad news since I think you are doing a wonderful thing but taking on your niece.
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