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tripleJ · Nov 14, 2013, 07:55 AM

My brothers girlfriend dropped my 1year old niece off and told him he can have her, well my brother doesn't have a steady place to live. I was wondering if I can get custody of her until he gets his life together? He lives in a different city then me but same state will that be a problem? Do I also need the mother involved? Can I settle it out of court? (I need to get her to a steady home) I'm a stay at home mom and my husband works. I'm trying to get guardianship of her until my brother is able to give her a steady home and good life. Also my brother wants to keep her but is not seeing the big picture that she needs to be in a steady home until he cab provide for her how can I make him see that she'll be OK living with me until he can provide for her?

joypulv · Nov 14, 2013, 08:42 AM

A lot depends on whether he is the father either on the birth certificate or a court ordered DNA test. Without one of those, the mother is the only one who has custody. For you to go to court alone would be difficult; he should, unless he is documented as the father.
So do you know about that? Also what state?
You can tell him that he can arrange a temporary custody for you. Courts do not rip children away from either parent unless there is more than what he's going through, tell him.

tripleJ · Nov 14, 2013, 08:59 AM

Originally Posted by joypulv

A lot depends on whether he is the father either on the birth certificate or a court ordered DNA test. Without one of those, the mother is the only one who has custody. For you to go to court alone would be difficult; he should, unless he is documented as the father.
So do you know about that? Also what state?
You can tell him that he can arrange a temporary custody for you. Courts do not rip children away from either parent unless there is more than what he's going through, tell him.

He's not on the birth certificate but if she gives him a notarized letter giving him custody can I then get him to sign her over to me? I live in Florida he lives 5 hours away from me.

joypulv · Nov 14, 2013, 11:32 AM

There's no reason why he can't let you take care of the child while he and she sort this out. BUT it needs to be sorted out the next time she needs to see a doctor, for example. Many years til school requirements.
A notarized letter from her is only going to help a tiny bit, if she or someone in her family changes her mind or decides to cause trouble, because without court ordered custody the child can be given back to her.
The wheels will grind slowly while the court orders DNA to make sure he's the father, for starters.
Ask below about the steps as far as each of you is concerned.
Court Programs - Self-Help Centers Map

ScottGem · Nov 14, 2013, 12:02 PM

The first thing he needs to do is get himself declared the legal father. Since he's not listed, he has no rights to the child and one of her relatives can come claim the child. Once he established he is the father, then he can cede guardianship to you temporarily.

One way to get established as the legal father is for he and the mother to sign an acknowledgement of paternity.

tripleJ · Nov 15, 2013, 08:21 AM

Originally Posted by ScottGem

The first thing he needs to do is get himself declared the legal father. Since he's not listed, he has no rights to the child and one of her relatives can come claim the child. Once he established he is the father, then he can cede guardianship to you temporarily.

One way to get established as the legal father is for he and the mother to sign an acknowledgement of paternity.

How can he get an acknowledgement of paternity

ScottGem · Nov 15, 2013, 10:29 AM

http://www.floridahealth.gov/chdputn...rnityDH432.pdf