How to get custody of my niece?
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How to get custody of my niece?
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My niece has lived with me for 3 years now, she will be 5 this month. Long story short her mother left her 4 years ago and has made no contact or seen her since Christmas 2009. My brother in law is in a wheelchair and is incapable of providing her with adequate care. He will sign her over to me but her mother...well I don't know where she is and I don't think she would. What can I do? If we go to court would she have a leg to stand on *if she showed* My niece lives in my home, she thinks I am her mother. I document our everyday activities and take many dated pictures. I also am her legal power of attorney. I have her enrolled in headstart, dance..etc. I am the only guardian that anybody knows when it comes to her. My husband and I have all financial and any other responsiblity when it comes to her as if she were our own child. We'd like to adopt her but not sure where to start or what to do? Help!
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S P
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Just because USES a wheelchair doesn't mean he is incapable of caring for his own daughter. |
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Rebecka
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If the dad will testify that the mother is incompetent or MIA (abandonment) full custody would be given to him, and then he could sign her over. |
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katiearies474
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I'd go for it. Surely there will be some way her "permission" could be waived, you may have to provide evidence you have tried to find her and were unable to make official contact. Since your brother-in-law is able to stand in and sign paperwork, that's in your favor.
It can't hurt to try, atleast get the ball rolling. You've been raising this child as your own, and I'd bet you don't want her mom to just show up on your doorstep unannounced and take her away. You need to already have legal representation in place to prevent that situation, which is NOT good for the child.
Ask friends/family if they can recommend an attorney. Continue documenting finances, photos, updates on her doctors visits/vaccinations, etc. It may be a long paperwork oriented struggle, but an adoption attorney should be able to walk you through every step, and let you know what to expect. |
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HL
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File for custody and let the chips fall where they may. her mother will have a very difficult time winning this one. |
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