• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Obtaining custody of my niece

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Ninja J

Junior Member
What is the name of your state? Texas

Are her parents drug addicts? No.
Hit her? No.
Emotional abuse her? Yes.

I have had my niece in my care since November 5, 2006. My half-sister(just turned 19 years old, Nov. 2nd) voluntarily let me get the child to keep in my care. My niece (3 at the time) was staying at our mother's house that weekend. My half-sister was having domestic issues and I offered to take the child into my care so she could get her life back together. She never signed any forms giving me temp. custody or power of attorney. At that time it was not known how long the child would be staying with my family and I.
My half-sister moved into an apartment by herself November 8, 2006. She was supposed to get the water and electricity turned on in her apartment. Get settled with her new job, etc. Her job history is not good at all. A month or less is about the longevity of each job. She called once a week, sometimes a week an a half. On November 18, she came here for her daughter's birthday party. She basically ignored the child and watched TV. She'd show her attention every now and then, but other than that, attention for a child she hadn't seen in 2 weeks was void. She cried when she left, but my niece showed no emotion and didn't seem to care.
My half sister had asked to have my niece come visit her for a weekend. When I asked if she had time off from work to be able to spend time with her, she said no, but her job was "mad" at her at the moment, because she refused to work when scheduled. She could still ask. I never heard back from her.
She has no means to care for the child. Money wise. Even when the child is in her constant care she ignores her, leaves her unattended, drops her off with "strangers" which she calls "friends,"etc.
She wanted to take her for a week during Christmas, but I told her no. Mainly because we had Christmas planned for here, which my sister was more than welcomed to join. Secondly, she wasn't even staying at her apartment because she never got the electricty turned on or the water. So she was staying with some guy shehad previously shacked up with. She didn't show up to the Christmas gathering, stating she couldn't afford it, and her car is wrecked, but still driveable, but wouldn't make the 2 hour trip.
She called Christmas night. Then I found out that she had never even tried to get the electricty turned on, and she had also quit her job about 3 weeks prior. Meaning she had only held the job for about 3 weeks. She was also still staying at some guy's house, who is 31 years old. My half sister is 19.

After not calling for almost 3 weeks. Since Christmas night, my half sister finally called January 12th. At this time I found out she's lost the apartment. I have no idea where she is staying. I told her I was going to need her to sign something that gives me the right to take my niece to the doctor if need be. She told our mother could take her. Our mother lives 2 hours away from me, and plus, my niece is currently in my care, not our mother's.
She informed me the "situation" wouldn't be last much longer anyhow. When I asked how she was going to get her daughter with no money, no home, a car that barely works, no car insurance, no health insurance, etc., etc., etc., She told me that was the wonderfult hing about "income tax." Thing is she barely worked last year, so even if she does get a return it won't be that much. She also has numerous warrants out for her arrest. Including two for hot checks.

There is tons more to explain, but I've already written a book just about. My husband and I are wanting to file for custody of my niece, but we cannot afford a lawyer, and we make "too much" money for legal aid. Right now she has every legal right to take her daughter. I've reported her to CPS, however, nothing has come of that, since my niece is currently in our care, and safe. The little girl suffers from emotional abuse, which CPS doesn't really care about. They want physical. My sister doesn't do drugs. She's just a highly immature, irresponsible, selfish 19 year old. In the two and half months I've had my niece, my sister who was suppsoed to be getting her life in order has made it worse than it was. How can I allow a 4 year old little girl to go to that?!

According to the Texas Family Code of Adoption Subchapter A. Grounds of Involuntary termination of parent-child relationship, I have 3 more months to wait until it's considered: C: Voluntary left the child alone or in possession of another with providing adequate support of the child and remained away for a period of at least 6 months.
Currently she's 161.001 (G) abandoned the child without identifying the child or furnishing means of identification, and the child's identity cannot be ascertained by the exercise of reasonalbe diligence.

My other question is, is there anyway I can start something without a lawyer?

Please help. If my half sister takes this child, she's damned for life.:(
 


seniorjudge

Senior Member
Q: My other question is, is there anyway I can start something without a lawyer?

A: Yes.


Q: My other question, the one I should've asked, is, is there anyway I can start something without a lawyer?

A: Absolutely not. There are too many issues here involved (the least of which being the constitutional rights of the parents) for you to try this on your own. No court is going to take you seriously.


Edit: This also answer the question below.
 
Last edited:

Ninja J

Junior Member
Ok, so in order to do anything I must get a lawyer?
What if my half sister is arrested due to at least one of the warrants for a hot check, that I know of, being a Class B Misdemeanor. Which I have already been told by the police/warrant officer that in the state of Texas they do have to arrest for that.

I was wondering if she was arrested if I could call CPS and then be able to have the courts "officially" place my niece in my care through the Kinship program. I've called and talked to them about it before. They told me the child has to be removed from the parent. I haven't been able to call and ask about if the parent is arrested what it is that they do.
 

Ohiogal

Queen Bee
What is the name of your state? Texas

Are her parents drug addicts? No.
Hit her? No.
Emotional abuse her? Yes.

I have had my niece in my care since November 5, 2006. My half-sister(just turned 19 years old, Nov. 2nd) voluntarily let me get the child to keep in my care.

Where is dad of this child?



My niece (3 at the time) was staying at our mother's house that weekend. My half-sister was having domestic issues and I offered to take the child into my care so she could get her life back together. She never signed any forms giving me temp. custody or power of attorney. At that time it was not known how long the child would be staying with my family and I.


that was nice of her.


My half-sister moved into an apartment by herself November 8, 2006. She was supposed to get the water and electricity turned on in her apartment. Get settled with her new job, etc. Her job history is not good at all. A month or less is about the longevity of each job.


So what? None of your business.

She called once a week, sometimes a week an a half. On November 18, she came here for her daughter's birthday party. She basically ignored the child and watched TV. She'd show her attention every now and then, but other than that, attention for a child she hadn't seen in 2 weeks was void. She cried when she left, but my niece showed no emotion and didn't seem to care.

Your opinion is NOT relevant truthfully.

My half sister had asked to have my niece come visit her for a weekend. When I asked if she had time off from work to be able to spend time with her, she said no, but her job was "mad" at her at the moment, because she refused to work when scheduled. She could still ask. I never heard back from her.

You have NO LEGAL RIGHT asking about your sister's job and whether she has time off. Sis can come get her child WITHOUT your permission.


She has no means to care for the child. Money wise. Even when the child is in her constant care she ignores her, leaves her unattended, drops her off with "strangers" which she calls "friends,"etc.

And she is allowed to drop her off with strangers and you better prove that she leaves her unattended.


She wanted to take her for a week during Christmas, but I told her no.

If she had been my client, you would have gotten a visit from the police and been forced to turn the child over to her mother or face being arrested.

Mainly because we had Christmas planned for here, which my sister was more than welcomed to join.

You had NO RIGHT to dictate that. NONE. This child is NOT yours and is your sister's child> you are a legal stranger with no rights.

Secondly, she wasn't even staying at her apartment because she never got the electricty turned on or the water. So she was staying with some guy shehad previously shacked up with.

Again none of your business. She can live where she wants. She can have her child with her.

She didn't show up to the Christmas gathering, stating she couldn't afford it, and her car is wrecked, but still driveable, but wouldn't make the 2 hour trip.
She called Christmas night. Then I found out that she had never even tried to get the electricty turned on, and she had also quit her job about 3 weeks prior. Meaning she had only held the job for about 3 weeks. She was also still staying at some guy's house, who is 31 years old. My half sister is 19.

None of this is relevant to the issues at hand.



After not calling for almost 3 weeks. Since Christmas night, my half sister finally called January 12th. At this time I found out she's lost the apartment. I have no idea where she is staying.

In the grand scheme of things, again not relevant. Your niece is your SISTER's child. Where your sister goes with HER daughter is NONE OF YOUR BUSINESS.


I told her I was going to need her to sign something that gives me the right to take my niece to the doctor if need be. She told our mother could take her. Our mother lives 2 hours away from me, and plus, my niece is currently in my care, not our mother's.
She informed me the "situation" wouldn't be last much longer anyhow. When I asked how she was going to get her daughter with no money, no home, a car that barely works, no car insurance, no health insurance, etc., etc., etc., She told me that was the wonderfult hing about "income tax." Thing is she barely worked last year, so even if she does get a return it won't be that much. She also has numerous warrants out for her arrest. Including two for hot checks.


NOne of that matters. She can show up today and take her daughter and there is not a dang thing you can do about it. You have no right to dictate anything.

There is tons more to explain, but I've already written a book just about. My husband and I are wanting to file for custody of my niece, but we cannot afford a lawyer, and we make "too much" money for legal aid. Right now she has every legal right to take her daughter.


Yes she does.

I've reported her to CPS, however, nothing has come of that, since my niece is currently in our care, and safe.

And she is with you because her mother voluntarily left her which shows that mom is not abusive.

The little girl suffers from emotional abuse, which CPS doesn't really care about. They want physical.

Prove the child is emotionally abused -- and not with just your opinion. Or is she just not treated the way you think she should be treated?

My sister doesn't do drugs. She's just a highly immature, irresponsible, selfish 19 year old.

Most 19 year olds are immature, selfish and irresponsible. It is part of being a teenager. But that does NOT make her legally unfit.

In the two and half months I've had my niece, my sister who was suppsoed to be getting her life in order has made it worse than it was. How can I allow a 4 year old little girl to go to that?!


You have no choice and you have no say.

According to the Texas Family Code of Adoption Subchapter A. Grounds of Involuntary termination of parent-child relationship, I have 3 more months to wait until it's considered: C: Voluntary left the child alone or in possession of another with providing adequate support of the child and remained away for a period of at least 6 months.

She has not remained away by your own words. She has had contact with the child in the last three months.


Currently she's 161.001 (G) abandoned the child without identifying the child or furnishing means of identification, and the child's identity cannot be ascertained by the exercise of reasonalbe diligence.


Bull. You know who the child is and the child is identifiable. She is your niece.

My other question is, is there anyway I can start something without a lawyer?

Please help. If my half sister takes this child, she's damned for life.:(

That is your opinion that she is damned for life. It is not a legal opinion. As SrJudge said, you can start something without a lawyer but I wouldn't. You are fighting a losing battle at this point.
 

Ninja J

Junior Member
Sure, why not. It's "none of my business." So next time my sister calls... whenever that maybe, I'll just tell her to come get the child. Not next week, not tomorrow, now, this evening. Or I'll just take the kid to CPS. It's not my problem. None of my business.
Wow great, yeah, that's what I'll do. I mean if her being here means her mother isn't abusing her, regardless if it's not physical, then maybe her not being here will change that matter. I'm not the only one that has witnessed how my sister treats and acts around her daughter. To her, she's not a person, she's a possession to get what she wants. And if you advocate that, more power to you.
She bitches at the child when she use to call. She's 4. She can't hold a conversation all that well. My sister would threaten her to talk or she'd hang up on her. But that doesn't matter either because that's my "opinion." Not what really happened.

So apparently aunts and/or uncles mean nothing. Maybe the grandparent can do something. If that's the case, then our mother would be happy to account to everything I've already stated.
The father is an illegal alien, not on the BC and has not been around since the child was about 3 months old. The person she does know as "Dad." Also isn't in the picture anymore and has her 1 year old half sister. And last known has taken her to the "Valley." Who in reality isn't even the second child's biological father, but he is on the bc.

I guess I can just wait another 3 months, when my sister has legally left the child in the possesion of another without providing adequate support of the child and has remained away for a period of at least 6 months. Because by May 18, 2007 she will have not seen this child for 6 months. We have no idea where she's living, staying etc. Nothing. But who cares. Yeah, screw, I'll just take the kid to CPS, let them deal with it.
 

seniorjudge

Senior Member
Sure, why not. It's "none of my business." So next time my sister calls... whenever that maybe, I'll just tell her to come get the child. Not next week, not tomorrow, now, this evening. Or I'll just take the kid to CPS. It's not my problem. None of my business.
Wow great, yeah, that's what I'll do. I mean if her being here means her mother isn't abusing her, regardless if it's not physical, then maybe her not being here will change that matter. I'm not the only one that has witnessed how my sister treats and acts around her daughter. To her, she's not a person, she's a possession to get what she wants. And if you advocate that, more power to you.
She bitches at the child when she use to call. She's 4. She can't hold a conversation all that well. My sister would threaten her to talk or she'd hang up on her. But that doesn't matter either because that's my "opinion." Not what really happened.

So apparently aunts and/or uncles mean nothing. Maybe the grandparent can do something. If that's the case, then our mother would be happy to account to everything I've already stated.
The father is an illegal alien, not on the BC and has not been around since the child was about 3 months old. The person she does know as "Dad." Also isn't in the picture anymore and has her 1 year old half sister. And last known has taken her to the "Valley." Who in reality isn't even the second child's biological father, but he is on the bc.

I guess I can just wait another 3 months, when my sister has legally left the child in the possesion of another without providing adequate support of the child and has remained away for a period of at least 6 months. Because by May 18, 2007 she will have not seen this child for 6 months. We have no idea where she's living, staying etc. Nothing. But who cares. Yeah, screw, I'll just take the kid to CPS, let them deal with it.
We have given you a hard-nosed and realistic assessment of your case.

Remember that when and if you get this lawsuit started, what you have experienced here will seem like a gentle spring breeze.
 

Silverplum

Senior Member
You must've mistaken this site for "Go Ahead And Do Whatever You Want" instead of "Free Legal Advice." :rolleyes:

Your sarcasm is unbecoming. Your attitude is obnoxious. People here have helped you, including an attorney. If you are unable to grasp legal concepts all by yourself, it is truly best that you hire an attorney.

You decided to take on this kid, knowing her mother was perhaps unstable. Any trouble that comes from it, you brought upon yourself. Either it's worth it or it's not. Decide. But quit whining.
 

stealth2

Under the Radar Member
You really don't get it, do you?

And no, Grandma has no more rights than you do. Both of you are legally strangers to the child.
 

ceara19

Senior Member
I was wondering if she was arrested if I could call CPS and then be able to have the courts "officially" place my niece in my care through the Kinship program. I've called and talked to them about it before. They told me the child has to be removed from the parent. I haven't been able to call and ask about if the parent is arrested what it is that they do.
You can't do an end run around mom's constitutional rights as a parent. IF she is arrested and IF CPS takes custody of the child (which would only happen IF the children were with mom at the time of her arrest and there is no other adult present to take/keep the children), you could ASK CPS to place the child with you. However, unless mom is arrested for a crime against the child AND the child's father doesn't come forward to take custody of the child, MOM will be able to decide who keeps the child.

BTW - A police officer may not arrest her on the warrant if the child is with her and there is no other competent adult present that could care for the child. I was pulled over for a random traffic violation while my daughter (who was an infant at the time) was in the car with me. When the officer ran my license, a warrant for failure to appear on a burglary charge was discovered (the warrant was NOT for me, either a clerical error was made somewhere along the lines or the person that was arrested for the crime shared the same name). The officer COULD have arrested me on the spot, but he CHOSE not to.
 

Ohiogal

Queen Bee
You can't do an end run around mom's constitutional rights as a parent. IF she is arrested and IF CPS takes custody of the child (which would only happen IF the children were with mom at the time of her arrest and there is no other adult present to take/keep the children), you could ASK CPS to place the child with you. However, unless mom is arrested for a crime against the child AND the child's father doesn't come forward to take custody of the child, MOM will be able to decide who keeps the child.

Not necessarily in Ohio. Mom may have NO say so in the juvenile courts. She can make requests but CSB does NOT have to follow or listen to said requests. Trust me -- I have done enough juvenile cases to know that.

BTW - A police officer may not arrest her on the warrant if the child is with her and there is no other competent adult present that could care for the child. I was pulled over for a random traffic violation while my daughter (who was an infant at the time) was in the car with me. When the officer ran my license, a warrant for failure to appear on a burglary charge was discovered (the warrant was NOT for me, either a clerical error was made somewhere along the lines or the person that was arrested for the crime shared the same name). The officer COULD have arrested me on the spot, but he CHOSE not to.

Oh -- now you tell us you have a criminal element at work. :eek: :)
 

ceara19

Senior Member
Oh -- now you tell us you have a criminal element at work. :eek: :)
Unfortunately, there's nothing that exciting about my past. The person that was REALLY wanted by the police was about 300 pounds heavier and a completely different race. She had gotten caught breaking and entering a business and was arrested approximately 20 minutes before I gave birth to my daughter at a hospital 100 miles away from the scene of the crime. Lucky for me I had an ironclad alibi. ;)
 

Ohiogal

Queen Bee
Unfortunately, there's nothing that exciting about my past. The person that was REALLY wanted by the police was about 300 pounds heavier and a completely different race. She had gotten caught breaking and entering a business and was arrested approximately 20 minutes before I gave birth to my daughter at a hospital 100 miles away from the scene of the crime. Lucky for me I had an ironclad alibi. ;)
Oh okay. That would give you an ironclad alibi.


And I apologize for my Ohio comment in my last post -- thought for some strange reason OP was from Ohio. Hence that info while correct was irrelevant.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top