• 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.

aunt wants custody

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

elizabeth2

Junior Member
What is the name of your state? NY
My sister is a heroin addict who has been in and out of rehabs and jail and is now in jail soon to be sentenced for atleast 2 years. She has a 3 year old daughter who my parents have been taking care of off/on (mostly on) since birth. I think they have emergency custody (they love her and take care of her wonderfully but are not too sure of legal matters). The child's father got out of jail in Sept. after doing 3 years. He went to court and got visitation (my sister failed to show up at the hearing). The court ordered visits from 10 to 5 twice a week. He has a part time job and is paying some support. He is on parole and possible lives in a half way house. He is a recovering heroin addict. The visits started on Christmas and although she cries when she has to go with him (only natural since he is a stranger to her) he seems to be taking good care of her. I am concerned about who drives him to pick her up(his sponsor, also a recovering addict) and where he takes her (they don't knwow the address and if it is a half way house or not). Do I have a chance of getting guardianship? (especially if my mother becomes ill-both parents are 70) Would the child's father have to agree to it? I have a good relationship with my sister (she is a great person when not using) could she give me custody? My husband and I both have professional jobs and have 2 teenagers. We all love my niece and would love for her to live with us. What can I do?
 


LdiJ

Senior Member
elizabeth2 said:
What is the name of your state? NY
My sister is a heroin addict who has been in and out of rehabs and jail and is now in jail soon to be sentenced for atleast 2 years. She has a 3 year old daughter who my parents have been taking care of off/on (mostly on) since birth. I think they have emergency custody (they love her and take care of her wonderfully but are not too sure of legal matters). The child's father got out of jail in Sept. after doing 3 years. He went to court and got visitation (my sister failed to show up at the hearing). The court ordered visits from 10 to 5 twice a week. He has a part time job and is paying some support. He is on parole and possible lives in a half way house. He is a recovering heroin addict. The visits started on Christmas and although she cries when she has to go with him (only natural since he is a stranger to her) he seems to be taking good care of her. I am concerned about who drives him to pick her up(his sponsor, also a recovering addict) and where he takes her (they don't knwow the address and if it is a half way house or not). Do I have a chance of getting guardianship? (especially if my mother becomes ill-both parents are 70) Would the child's father have to agree to it? I have a good relationship with my sister (she is a great person when not using) could she give me custody? My husband and I both have professional jobs and have 2 teenagers. We all love my niece and would love for her to live with us. What can I do?
I think that your best bet is to consult an attorney. You also need to find out for certain whether or not your parents have any form of temporary or emergency custody.
 

Find the Right Lawyer for Your Legal Issue!

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