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TammieH · Feb 29, 2012, 03:28 AM

My niece has 5 children, ages 4-10. Since the summer of 2011, the middle 3 have lived with their paternal grandmother, the 4 year old is with her and, as of the 2nd week of September, I have had the 10 year old. Her husband had just returned to jail and she had not worked in 10 years and can barely read or write so she had no means to support her children. The child I have has never met his father, nor has the father ever paid child support. My niece does not provided any financial support for this child either.

In the beginning, she would call every week but that only lasted about a month. She has moved several times but always gets kicked out of wherever she is staying. Right before Christmas she came and got him, informing me that she was taking him for good, but it only lasted 4 days as the child, once again, persuaded her to let him live with me. At the time, she was in a homeless shelter. I have not had contact with her since and do not know where she is. When she has called in the past, it has upset him and he is afraid that she will take him again.

She has had her children taken way twice in the past by CPS. She has a long history of drug abuse and has lost almost all of her teeth due to meth but nothing on a police record as far as I know. She has been verbally abusive to her children telling them that they are the reason for her problems and that she can't stand the sight of them.

What can I do to get permanent legal custody of the 10 year old? CPS has told me that I have to have the child for 6 months which is approaching next month and that they have to know where she is to serve papers.

Thank you!

mommaduck03 · Feb 29, 2012, 07:25 PM

I am no expert. I would say that it depends on the state you live in. CPS gave us custody of our twin grandchildren, and I filed for custody. All I did was go to a lawyer explain the problem and see what could be done. We live in Texas and if you are unable to locate the person you are trying to serve the lawyer will eventually place a public notice in the newspaper of the county you live in and if no reply within 2 weeks you get to go to court and plead your side of the case. That is what we had to do. Filed in Oct. of 08 and was finally awarded custody in Feb of 09 after repeated delays due to not being able to locate parent