Please Help Aunt with Custody

[stuckinlamad]

What is the name of your state?Virginia

I currently live in Italy as my husband is in the US Navy. We have now had custody of my sisters child for 3 years. My niece is now 5 years old. I am currently 26 and my husband is 30 we have been married for almost 5 years. We have no children of our own yet. We have custody through the Virginia Courts. We will be moving back to Virginia in 5 months. My sister who is 28 pays no child support.

What I want to know is can my sister sue me for child support if she gets custody of her daughter back? With my husband being in the military we are able to provide for my niece very well and my sister who has several mental and emotional problems will not be able to provider the same level of living standard. I am not saying my sister shouldn't get custody i want to know my options.

 

[VeronicaGia]

What is the name of your state?Virginia

I currently live in Italy as my husband is in the US Navy. We have now had custody of my sisters child for 3 years. My niece is now 5 years old. I am currently 26 and my husband is 30 we have been married for almost 5 years. We have no children of our own yet. We have custody through the Virginia Courts. We will be moving back to Virginia in 5 months. My sister who is 28 pays no child support.

What I want to know is can my sister sue me for child support if she gets custody of her daughter back? With my husband being in the military we are able to provide for my niece very well and my sister who has several mental and emotional problems will not be able to provider the same level of living standard. I am not saying my sister shouldn't get custody i want to know my options.

No. Neither you nor your husband are the parents of this child. She could only sue the father of the child for support, and he can only sue her. You, however, could sue both of them for child support if you have legal custody of the child as ordered through the courts.

Have you and he considered trying to terminate their parental rights so you and he can adopt the child? Also, where is dad?

 

[stuckinlamad]

Dad is.....

Well, the father of my niece is a 60 something year old man that doesn't want to be involved. He is on SS and has children that are my age who think my sister did this on purpose and don't want anything to do with her or the child.

As far as terminating parental rights I can't do that due to certain legal complications such as the fathers permission for one. If I do that he may try to take custody and that would be a very bad situation. I have debated going after the biological father due to the fact that since he is on SS I could get a check from the state until my niece turns 18 as she is now 5. I am not sure if I should or not though. I do have custody ordered through the courts.