Check out some similar questions!

WorriedTia · Nov 9, 2010, 02:59 PM

I have been supporting my niece since she was born with a 1 year gap when my sister was with the baby's father(my niece was 2) so from birth to 1 year and 3 years to now(She is 6 years old). I have been providing for her financially and have been taking her almost every weekend since she was 3, went to her first day of school, paid for her school pictures, help her with her learning problems whenever she's with me, I have even taken her for 1-2 weeks at a time when I was still in college. Her biological father is out of the picture but my sister has 3 other children with her current boyfriend. He is not her father but she does not know that, I would like to get visitation rights legally as she gets mad every time my niece tells me something about her boyfriend or I refuse to give her money when she asks. I feel like she is using her daughter and renting her out which I believe is immoral and emotionally confusing to my niece. I would gladly give her all of my money if she would just let me have custody which I know would not happen since she is getting aid from the state. I am 21 years old my sister is 23 and had her baby at 17 I was 15, I have a steady job and am in the process of getting my own 3 bedroom home, My home currently is a more stable environment than her's and my niece dreads going home every Sunday. Does anyone have experience with this type of situation? Would my age cause a problem in a legal battle? I have money but not an excess so would I be able to file paperwork/petitions without a lawyer? Also, just some more insight: My sister's boyfriend is 28 with no job, smokes and grows marijuana, an alcoholic, and most likely uses other illegal substances. They care for the other three children fine as they are HIS? ( I strongly believe he treats her differently because she has another father even though she has no idea) any advice is welcome! Thank You.

cdad · Nov 9, 2010, 04:48 PM

Sorry to say but there are no Auntie's rights at this time. The only thing you can do is what your doing. Kudos for keeping your life straight. And for wanting to be there for her. But as long as the parents aren't arrested or something of that nature you have no battle to wage in court. Sorry.

ScottGem · Nov 9, 2010, 04:54 PM

Dad is right. You have no legal standing here.

WorriedTia · Nov 9, 2010, 05:48 PM

My sister actually has had a case open against her by CPS regarding my niece. If they were to deem the household unfit would the state automatically take my niece into foster care or would they release her to a willing blood relative? I really don't want to go that way but I think it is an unhealthy environment for her especially. Another question can her biological father turn over his parental rights to a family member or if he relinquishes them will my sister have full control?

Fr_Chuck · Nov 9, 2010, 06:02 PM

CPS often don't do anything "normally" or often with any common sense, Do they know from an interview with you that you would be willling to take them in.

ScottGem · Nov 9, 2010, 06:06 PM

First, no the bio father can't relinquish his rights. Only a court can terminate parental rights and they generally will not do so in these circumstances.

Second, if they do take the child from the mother they would look to place her with the father. You can let them know you are willing to foster the child and they would prefer to place the child with a relative.