Aunt needs help. What rights I have to my niece?

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Old Jul 17th, 2008, 11:56 AM   #1
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Default Aunt needs help. What rights I have to my niece?

I am the aunt of a beautiful 4 year old girl.. Her mother is very unfit and I was just curious to know what rights I have to my niece if I have any? and if so how would i go about getting custody of her? is it easier to get CAS involved or try privately to get custody?
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Old Jul 17th, 2008, 12:22 PM   #2
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Default re: Aunt needs help. What rights I have to my niece?

You have no rights. If she is truly unfit, and it can be proven then they will look for the father to take responsibility. They prefer for the child to stay with the parents. Also, unfit in your eyes may be completely different then what the courts consider unfit.
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Old Jul 17th, 2008, 12:27 PM   #3
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Default re: Aunt needs help. What rights I have to my niece?

there is no father. he signed his rights off.... my sister had sole custody.... she is married now but her husband is in jail.. my mother and father have had my niece for the past 3 months my sister just up and left her... and when my sister does have her she doesn't even pay attention to her my niece sits in the same dirty clothes day after day my sister sleeps all day long while my niece sits around alone all day long in front of the tv... my sister throws my niece outside to play alone... they live on a main street.... she constantly yells at my niece and my niece is not a bad kid at all.. from the moment my sister had my niece she has pawned her off on any body willing to take her.. so she could go out and party and do drugs... she's not a good mother by no means....
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Old Jul 17th, 2008, 12:45 PM   #4
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Default re: Aunt needs help. What rights I have to my niece?

If she pawns her off on anybody that will take her, ask her if she will legally sign her over to you. You will probably have to go through some adoption stuff to make it all legal. If she doesn't want to do that, then I would talk to a lawyer about specific laws in your state, and see what can be done. You can get a free consultation, and make a decision from there.
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Old Jul 17th, 2008, 01:25 PM   #5
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Default re: Aunt needs help. What rights I have to my niece?

She wont legally sign her over because she gets money for her from the government and from Welfare. But thanks for the helpful information...
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Old Jul 17th, 2008, 05:38 PM   #6
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Default re: Aunt needs help. What rights I have to my niece?

I am the grandmother of a child who has been in my care for a while now. Mother died a few months ago and father has had no contact with her for years. He is under court ordered child support (pays when forced to). I have petitioned the court for "Legal Custody by an Extended Relative." Check to see if there is such a thing in your state. We haven't been to court for a hearing yet but the father responded to the court that he wants the petition denied but has not offered to take the child. I know they like to place the child with relatives if possible. I know that if there were a way for me to drop the child support, he would consent to the custody. Unfortunately I am told that I cannot make the decision to drop the child support because the money is not for me - it is for the child. I am very hopeful that when we go to court and he is found to #1 not want the child and #2 cannot provide her with a place to live (he lives in a one room hotel room for the last 12 years), I will not have a problem. I did hire an attorney because this child's welfare is too important to be left to a lay person like myself. Good luck to you.
 

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Old Jan 30th, 2009, 05:35 PM   #7
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Angry re: Aunt needs help. What rights I have to my niece?

Your problem seems the same as with mine. My sister is 22 and has two kids (different dads) she has her oldest right know and her husband has their child (they are split). My sister is constantly yelling and cusing my nephew, (she has even gone so far as telling him that she hates him), he goes without changings for hours on ends, wears dirty clothes that smell like urine and who knows when she last gave him a bath. The biggest thing that ticks me off is that he just wants to play and have fun, well she would rather cart him around from place to place and he has no time to play with kids his age and not to mention that he is very delayed in his growth area (speech and some motor skills). Here is a big example of one occasion, my sister is staying with us at this time, well I got up to go to work one day and left around 7:30am and Trevor was up I told her to get up and take care of him, my stepdad left around the same time. My step dad returned from his appointment and Trevor was upstairs with the pantry open and food all over the floor because he was hungry and she was still sleeping. I am looking at this legal custody thing to so if I happen to come across anything I will let you know. If you want you can email me at alyssah1@hotmail.com Good Luck
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Old Dec 15th, 2009, 11:00 AM   #8
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Default re: Aunt needs help. What rights I have to my niece?

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Originally Posted by jessileedewd View Post
I am the aunt of a beautiful 4 year old girl.. Her mother is very unfit and I was just curious to know what rights I have to my niece if I have any? and if so how would i go about getting custody of her? is it easier to get CAS involved or try privately to get custody?
you have no rights to someone else's child. period.
 

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Old Jan 16th, 2010, 03:38 PM   #9
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Default re: Aunt needs help. What rights I have to my niece?

Unfortunately this is a very common issue.
I am also in a very similar situation with my nephew who I have raised on and off since he was born. I have him right now and am trying to get custody. He is almost 3 years old.
My sister does not want to sign him over either because of her welfare. His father has denied him since birth and was just deported back to Honduras.
It is best to involve the state so that she is proven unfit by the state, that ill be the only rights you have is if the state proves her unfit and places the child with you. Then if she wants her kid back she has to work a very strict plan that would take at least 6 months to a year if she was working very hard at it.
I involved the state because I was so concerned. I live in Florida and they lived in Maine. So I cannot tell you the countless emergency trips I have made to be sure my nephew was okay. Just this past trip to take him was a decision made in seconds. He was beaten and left with 2 men who were drug dealers and strangers to him.
My nephew has been through so much, and the state is very slow to take action. Eventually they have to do something.
Its sad to say but even at this point I still need to get a power of attourney signed by my sister. She is fortuately cooperating.
You need to involve the state. Call them and call them and call them until they do something. I have been calling since he was born addicted to drugs. You can remain anonymous. And it will not be the Moms decision who the child is placed with, its the states and they put family first.
I hope this helped. Im sorry for you and your family. I hope it all works out.
 

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Old Jan 16th, 2010, 04:04 PM   #10
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Default re: Aunt needs help. What rights I have to my niece?

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you have no rights to someone else's child. period.
This is not true in its entirety. If the above quoted poster had taken the time to actually read OP's posts, she would see that the father is missing in action, and the mother is unfit, and a good attorney, along with a Guardian ad Litem, would benefit the aunt in petitioning the court for custody of the child. It does happen.

The illiterate poster's comments, quoted above, which ring in often on older posts in which they believe nobody except the mother and father hold any rights to take over guardianship whatsoever, whom can be recognized by lack of capitalization of nouns and proper sentences, should be dismissed, or at the very least, be taken very, very lightly.

This forum is not monitored effectively by moderators or by the forum founder itself for content, and as such, anyone can ring in on any advice, regardless of its lack of informed information and regardless of whether or not the contributor has even a modicum of useful information to add.

It's too bad this forum is utilized by bitter, emotionally disturbed persons who only can partake in taking pleasure out of posting the same old tired platitudes over and over again. Those comments are to be dismissed as unnecessary and useless.
 

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