How to get custody of my great niece when she's in foster care with her mother?

Question

My niece is 15 and has a 2 month old baby. The baby was put into foster care because her mom felt that she wanted to hurt her. My niece (her mom) went into foster care with her so that she could be with the baby. Well I feel that she is unfit and the baby's father is also unfit. He raped my niece and that's how she got pregnant. He is a tier II s*x offender. Is it possible to get custody of the baby without also taking in her mother? How do I go about it?

**I have been trying to get custody of them both but now the mother isn't interested and wants to go back to where she was living. She told the judge that she would leave the baby in a heart beat if she would be able to go back to where she wants.

Answer 1

Why? You say both are unfit and the mother must feel how you feel about her. This child if  really from rape would be better off with a couple who wants a child and can't have one.

  I always feel like it's better for the child to stay with natural parents but 15 is so young. If you really want to adopt find another child that could use your love because later down the road this mother will grow up and come looking for her child and then what a mess your going to have.

Answer 2

I have no words of advice, but that you are doing the right thing.  I'd do the same.

TX Mom

Answer 3

You need to consult a lawyer.  Custody is a sticky situation.

Answer 4

We have been foster parents for several years so know some of the law governing this in our state. My suggestion would be to talk to an attorney since the state usually looks for relatives rather than strangers to take in a child/children. You could also talk to someone within the foster care system such as a private agency. They might be able to guide you to a person within the system so you can get licensed or whatever the needs are for you to take custody. I know it has been done even when you are in a different state than the children.

Answer 5

you can't get custody. the goal of social services is to reunite the child and mother. you could become a foster parent and offer to take the baby but the goal would still be to return her to her mother. plus if the mother doesn't want the baby to live with you she still has that choice. she can tell social services that she would rather the baby lived with a foster family that wasn't related and they will honor her decision. My Mother has been a social worker for years I have seen many situations like this one.

Answer 6

I say get a lawyer to assist you the next you may go to court. Make sure you take this to a judge again with a lawyer present. Be very detailed to the lawyer and judge about this situation. She is 15 the boyfriend and childs father is a s*x offender, you are very concerned for this baby's safety and well being. she is still under age so request a teen supervision for her. May i ask where are parents? Please take my advice and keep me posted on what happens. I will pray for nothing but the best. [e-mail].

Answer 7

You most likely will not be able to get custody of your great niece because she is still in the custody of her mother. However, if you are concerned about the well-being of the baby, you should probably contact the your niece's caseworker with your questions and concerns. He/she will be able to tell you what course of action, if any, you can take. Most likely, if your niece were considered unfit by the social worker, the baby would have already been put in an alternative foster home. Good luck.

Answer 8

Have you spoken to the case worker about kinship care of your niece?  That is where another family member is allowed to care for the child and has legal custody of the child.  It's worth looking into.  

Good luck.

Answer 9

I am a foster parent of 10 yrs. Have you contacted social services to make them aware that you would like to have the baby? In my state of Okla. I know that you can more or less appy for kinship placement. The longer you wait, the judge is more likely dissagree with moving the baby. Good luck.

Answer 10

The chances of getting full, permanent custody away from a blood parent is pretty slim.  If she and the father are WILLING to sign away parental rights, it will still take quite a long time for the courts to approve that.  Consulting a family lawyer may give you a better idea of what your options are.

Answer 11

Bizzi's answer is absolutely horrible and rude to you.

you are doing what you can to protect the baby but the girl wants no such help.  Probably not much of a prayer left in her but good luck with the baby.  I hope she will sign the guardianship to you for the baby so that she can be in a stable home.  A 15 year old party mama in an abusive relationship with a s*x offender is no place for a baby and SHAME ON BIZZI FOR THINKING THAT YOU'RE DISGRACEFUL FOR TRYING TO SAVE THAT BABY.

Answer 12

Your niece and bloodline is about to become a generational cash cow. Your  niece is worth upto 10 000 in adoption. If they child was 4-5 years old you would have a chance. Because babies are so in demand and these agencies must fill government adoption quota's you will never see that child again.

You might think your  niece is screwed all by her lonesome but foster care made her the girl she is today.. your interests in just the baby... is ...... distasteful at best. I would think getting them both back would be a priority. I have a friend who was left in care had a child and the family only took the baby and not her mother.. shortly after she committed suicide her note said :Everyone wants my baby and not me. So you can have it... she was 17.