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aprilleckie3411 · Apr 12, 2013, 02:02 PM

I have tried just about everything 'legally' with cps to keep my niece from her mother, due to her inability to take care of her, and she had left her in my care for a short period while she left state to deal with court. She is planning to come take the baby, but if that baby ends up leaving she will be put into danger. CPS nor military legal aid is willing to help me prevent this from happening. She WILL NOT sign off her rights, but I cannot afford a non military lawyer to present me in court to fight for it.
I'm out of ideas and options of what to do. How can I get her proven as an unfit mother and strip her from her parental rights? Any suggestions?

ScottGem · Apr 12, 2013, 03:31 PM

First she can't sign over her rights. Only a court can terminate parental rights and courts are very reluctant to do so.

You have to prove that she is a danger to the child. If you have had CPS and others investigate and they haven't found enough evidence to prove her a danger maybe she isn't. You haven't given us any explanation of why you think she is.

aprilleckie3411 · Apr 12, 2013, 06:10 PM

If you agree to watch a mothers child while they leave out of state for a certain length of time, but do not show up after that date, is that considered child abandonment?

Alty · Apr 12, 2013, 06:59 PM

Which state are you in?

Have you had contact with the mother?

How late is the mother?

What's your relationship to the child?

ScottGem · Apr 12, 2013, 07:15 PM

Any question on law needs to include your general locale as laws vary by area. In most places child abandonment is a criminal offense where a child is left without adult supervision.

What is it you want? Do you want guardianship of the child? You may be able to use her leaving to do that.

AK lawyer · Apr 12, 2013, 07:20 PM

It's considered a missing parent. Report the situation to the authorities. Perhaps she encoutered unforseen difficulties.

odinn7 · Apr 12, 2013, 07:23 PM

More to the story... maybe they should be merged.

https://www.askmehelpdesk.com/family...ay-743995.html

{Mod Note: Threads merged}

aprilleckie3411 · Apr 12, 2013, 07:40 PM

Originally Posted by ScottGem

Any question on law needs to include your general locale as laws vary by area. In most places child abandonment is a criminal offense where a child is left without adult supervision.

What is it you want? Do you want guardianship of the child? You may be able to use her leaving to do that.

I had agreed to watch her until April 19th, but she has no arrangements to make it by then. But I live in Georgia, She is in New York. So Idk where I would have to look into. And yes we are trying to get guardianship

ScottGem · Apr 13, 2013, 07:43 AM

So April 19th has not come yet! How long have you had her? Has there been any contact from the mother? Did she give you any written permission to care for the child? How old is the child?

JudyKayTee · Apr 13, 2013, 08:31 AM

This is about "stripping away parental rights" and proving a person unfit. If the mother is a danger to the child you need to go to Court and PROVE it. I don't see that leaving the child with you put the child in danger - is that your legal argument?

I don't understand the military attorney, non-military attorney part.

ScottGem · Apr 13, 2013, 11:41 AM

First, you shouldn't start multiple threads over the same issue. By keeping posts together in one thread we can get a clearer picture and give better advice. I've merged your threads. Any further follow-up should be added as a response to this thread,

Second, in my initial response I told you that you need to prove her unfit or a danger. Your further responses have not even attempted that. All you have said is that you were entrusted with care of the child until April 19. Well April 19 hasn't come yet.

If you want to explain why you think she is unfit we can try to help. But since CPS has investigated and declined to remove the child, I'm not sure why you still think they should.

JudyKayTee · Apr 13, 2013, 11:47 AM

If the mother is in NY on legal business (which I think I recall) she could be in jail or unable to leave the State for legal reasons or anything in between. I'm not saying this means she should ignore the child.

Also, Tassha: "this is bad to take away someones right but one should try best to get it get a good lawyer and know all your rights and consult a good financial advicer all the best" - how does a good financial 'advicer' help in this instance?