Is there anything i can do to get custody of my niece?

Question

This is the situation..i've been raising my niece since she was about a month and a half old.. she is now 15 months..her mother or father never take care of her..they come visit sometimes..but that is about it..they get money from the government for her..but when they use to get free formula they could return it for money..they have never bought diapers, wipes, clothes,crib, or formula..she has a crib here..and a car seat was given to her mother..whenever my niece see's her mother or father she scream and cries..and wont let them even touch her..its a horrible situation..and i would love to adopt her..but i dont know what i can do

Answer 1

I'm all for you getting a PGO (permanent guardianship order) as well. By going this route you will be the one receiving any financial aid as well as having the last word in visitations (unless they fight for them in court but they don't seem too concerned about parenting or seeing her beyond the check in the mail).

I wish you the best of luck, poor little girl deserves so much better than what her parents are giving her.

Answer 2

Go to a court and seek guardianship rights to her. They will probably start with temporary then go to permanent. You should probably be writing how often they show up to see her and for how long. If they take her to medical appointments and if not who does. Keep receipts or dig them out for things you have bought for the baby. Proof of friends/relatives that know you have been caring for the baby to present to the court.

Answer 3

This makes me so very sad! How can any mother ignore her baby? I would also suggest going to court for permanent legal gaurdianship. Please start keeping a journal of all visits and what they bring, say and do during said visits. Also note the babys reactions. That may well help you to get guardianship. I realize this would be a family adoption, but in good consciece I have to suggest gaurdianship before adoption. The good thing about that is, gaurdianship gives you all the legal rights over the child and still allows the OBC to remain intact. If they will not allow you guardianship you may well have to try and terminate their parental rights. If that is the case please try to always be honest with the child, and explain the why's of their situation. The best thing about your situation is either way the child stays with her family of origin. she will have the mirroring she needs from family members and will not feel like an outsider as many adoptees do. I wish you good luck!

Answer 4

you have to get them to give you parental rights or prove them to be unfit parents

Answer 5

Taren, it seems to me that she is already in your care so why initiate something when there is no need for it?

One thing you have to realize even if you do not like it, is that if her biological parents become responsible enough and decide to take her, then it is their right and you have no right to keep her.

We have a saying " God has mercy on the soul that knows its limits and does not transgress them "

Answer 6

I'm going through almost the same situtation with a non-relative child that has been living with me for a year and a half.  And I have to say that the best answer for you is Guardianship.   I have gone through those same screaming episodes with the child and his mother (who could not take care of him and asked that I watch him and would show up every other week)  and it's heartbreaking.  There are two phases to guardianship, First phase, after you file all your paperwork and you can show that there is an immdiate need for a temp. guardianship, they will appoint you temp. guardianship before you even have your first court date. With the temp. guardianship you have total say in the care of the child and can refuse the parents and visitation if you feel it is not in the childs best interest!!  About 30 days after you file you have your first court date called,  reconsideration, where the court will pretty much say that "yes" there is a need for the temp. gurardianship and will extened that order until your General Guardianship court date about 2 months after the first court date.  As legal guardian of the child you act as thier parent and the birth parents no longer have any say in the raising of the child, and you can stop all visitation with the birth parents if you feel that it is not in the childs best interest to have contact with them.  And although it may sound really harsh to keep the child away from the birth parents, it really is sometimes in the childs best interest.  The child that I was appointed as legal guardian for is 2 years old and I do not allow visitation with his birth mother becaues it causes way to much stress on him.  These visits can really cause harm to his emotional attachment development and the court totally understands that and agrees with me.   Good Luck.

Answer 7

Do you have legal guardianship of her?  You could try to obtain kinship care (which is basically foster care with relatives) through your state.  There are financial subsidies available for care this way also.  You can then turn the kinship care into a foster/adopt situation also if your state allows it.