wanting custody of niece

What is the name of your state? Minnesota

I have a question regarding my niece. Her mom is an alcoholic, does not physically abuse her that we know of, but does not provide a safe house for her, and she is emotionally abusive. Child protection and police can do nothing because they have never witnessed anything but have been called out many times. Is there anything legally I can do to get this child away from her mother? Thanks.

If there's nothing protective services or the police can do, then there is probably not as big of a problem as you believe there to be. Talk to the mother and see if she'll let her daughter come live with you. If she doesn't agree, then there's nothing you can do.

Minnesota

My situation has changed slightly. My sister in law is currently in inpatient treatment for alcohol abuse. My niece is staying with my mother in law. Child protection services says that when my sister in law gets out of treatment she will not be able to get her daughter back for a minumim of 8 weeks longer. If she tries to see her daughter during that time, they will award my niece to the State. If my sister in law complies with the 8 weeks, and has another incident with CPS in the next 3 years, again the baby will be awarded to the State.

What is the first step I need to do? My husband and I are very much interested in adopting our niece if this does happen. Is it possible? And what do I need to do?

Thank you.

RPahl

[kat1963]

Oh, you know what? Tell CPS to go fly a kite. THEY can't award the child to anyone, only a JUDGE can do that..though many of them would like to think they are judges. Head right to a family lawyer & file for temporary custody. The lawyer will advise you from there. Whatever you do, once they find out you have filed, STIPULATE to nothing they ask you to!!!
Good Luck!!
KAT

Thanks, for the info.

I had misunderstood what CPS told me. Their recommendation is that my sister in law cannot have her baby back for 8 weeks. If my sister in law demands her baby back before the 8 weeks, then CPS will turn the paperwork over to a judge to start the process of legally getting the child out of the home. Im no fan of CPS, I had to light a fire under them to get them this far, but that was my misunderstanding and I'll admit to that.

Thanks again KAT, is very much appreciated!

RPahl