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    dacov's Avatar
    dacov Posts: 1, Reputation: 1
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    #1

    Apr 13, 2011, 12:00 PM
    To get custody of my niece?
    If my sister is living with a pedo would I be able to get custody of my 9 year old niece as I'm married 28 years old with one kid
    adthern's Avatar
    adthern Posts: 282, Reputation: 28
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    #2

    Apr 13, 2011, 12:40 PM
    My first reaction to this is, if the child is in danger call the police and social services (DSS, DCF, whatever name they go by in your state) and protect the child.

    Could you provide the jurisdiction where you live and some more facts regarding the situation. Is there a father of the child identified/involved?

    There are 2 possibilitites that jump out at me here; first, if you can show the child is in danger the state will/should pull the child and then determine a temporary custody situation.

    Here is the problem you will run up against, the first thing that must be shown is in a temporary guardian situation is unfitness of the parent, then they look at best interests of the child. Despite what you might think, even if he is a sex offendor, that likely isn't enough (though it will vary from state to state). In my state, even confirmed drug adicts and prostitutes are allowed to maintain custody of their children, absent a showing that the activities are adversely impacting the child.

    If this is simply your opinion that he is "a pedo" you would have a proof problem.

    That being said, as much as I am not a fan of the various child protective agencies in most situations, this is the one type of problem they are usually very adept at handling, since they have emergency power to remove children immediately and then the parents get their due process usually within 72 hours.

    Though, 90% of the time in my experience the court does not find against the state agency, unless there is clear error or arbitrarry and capricious action.

    Again, laws vary and your best option is 1) call the police if the child is in danger, 2) notify the state agency if the child is in danger, and 3) speak with an attorney in your jurisdiction.
    krisie_k's Avatar
    krisie_k Posts: 4, Reputation: 1
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    #3

    Jan 6, 2012, 07:36 AM
    My 15 year old niece and 6 year nephew is in danger their mother is abusing dugs , and almost killing her self , and leaving the stove and things own a night while they there sleep . How do I get custody of my niece
    krisie_k's Avatar
    krisie_k Posts: 4, Reputation: 1
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    #4

    Jan 6, 2012, 08:14 AM
    I need help getting custody of my niece how do I get help ?
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