Legally, what are my chances of getting custody of my niece?

Question

My sister gave up parental rights to her daughter about 8 years ago. My niece was placed in foster care. She has been with the same family for 7 years now. They haven't actually adopted her, but I think they have guardianship of her. I know my niece still has all the benefits from the state as if she was still a foster child. When my sister gave up her parental rights she specifically noted that my mother and I are not to have contact with my niece. I was a minor at the time she made that stipulation. Since I have been 18 I have been a constant part of my niece's life, thanks to her foster mom who trusts me. My niece frequently spends weekends with me and even travels out of town with me too. Now I want to know what my chances of getting custody of her are considering I've maintained contact with niece all these years, despite the stipulation my sister made 8 years ago.

Answer 1

If your sister gave up her parental rights, first of all, she did not have any authority to stipulate who can and not have contact with her-she was no longer your sister's child as far as legal decisions go.

Second, I would be careful telling a judge or anyone else that your niece has spent weekends with you and gone on trips.  That is a big no no in foster care, those children are only supposed to be in teh care of licensed foster parents (even for babysitting).  The foster parent would be in more trouble than you, but it could look bad on you.

How old is the niece?  She has been in a stable home for 7 years.  That is on their side.  Unless she is being abused or neglected, it woudl be difficult to get her removed (if she was eligible to be placed with family, that would have been offered long ago).It DOES sound like abuse if they are telling her she will be sent to another foster home...but in court, that is hearsay for one, and for another it COULD be (not saying it is) your niece blowing off steam (that is why I asked her age).  Also, while you tell us the negatives about this family, you have not told us the negatives about yourself.  

I know, I know-we never want to paint ourselves as bad but I am certain there is SOMETHING you are leaving out that could work for or against you as far as custody.  Why did your sister not want you and/or your mother to have custody and contact?  That is a starting point.

The best you can do is contact a lawyer, but be careful-you could end up having no custody and no contact.

Answer 2

family always gets the kid first, however, mom always gets a say. if her rights have been terminated & you are a friend of the family then you have a nice chance. however a fight with them will suck. it would be easier if they just agreed that you could take her. if you can file the paperwork that say who you are & what you want & why, then you can go to court. if they test dirty, you win, but there will be plenty of time for them to be clean.

Answer 3

I think your chances are good considering your are part of her biological family.  You need to keep documentation, dates and times of when these incidents take place with the foster family, and be prepared to back up any accusations you make.  Consult an attorney and get things started.  Best of luck!

Answer 4

it really depends on the state you are in and local regs and if her placement with her long term family is really going to disrupt.

Also, her age would play a role.  But if she wants to move, the best way to to go to her GAL, CASA worker, or case worker and ask.  Since they are letting you have so much contact they may all be willing to move her to you.  In most states you also have many rights as you are biological family and she has not been adopted.  In those state you could file on your own.  The best place to start is have her contact her GAL (her lawyer) which she should have since she is a ward of the state.  

Also, many state have child legal aide special programs for kids in foster care.  They would help both of you a great deal.

Many state, especially with public foster care, do not have regs such strict regs about who watches the foster children, and many allow unsupervised visits with relatives, and many are actually going out of their way to find relatives for visits to give the children family when they have not been adopted.  It does amaze me how different foster care is in different states.  

In most states, you actually have a pretty good shot at getting her, unless she has some insane foster parent and/or social worker.

Answer 5

Well, in Missouri, you can't foster until you are 21, but I don't know what state you are in.  I am also wondering why the foster parent let you have contact if it was against what was arranged by DFS?  You might have a hard time convincing them since you knew that stipulation and saw her anyhow.

Answer 6

Probably slim. In most states, you are going to have to show that the home that she is in is so bad that staying there is worse for her than the upheaval of moving her. You are going to have to prove that you can provide for her, that you can support her and whatnot.

Also, I don't know anything about these stipulations you are talking about; I am not sure what weight a court would give the stipulations made by a woman who was giving up all her parental rights. Just to be on the safe side, though, even if you don't try to adopt your niece, you should ask an attorney about the legal consequences of violating the stipulation. It could put in you in contempt of court or it could revoke the foster family's rights and reinstate your sister as her sole guardian. It may or may not be a big deal, but you need to find a family law attorney practicing in your state to find out.

Also, while it is not nice to threaten to evict a child, a court is not going to take away custody because she is required to do chores or be polite. In most cases, a court doesn't want to move a child unless their is real abuse. You would probably have to show that the marijuana exposure was a regular, purposeful thing. But again, you need to know the law in your state.

Answer 7

you have 95% of retaining custody of her because you are blood relative and that is all favour when it comes to adotpion, however i must ask why your sister would write such a stipulation??? did something happen or was something done???  also the fact this other family do marijuana is enough for you to take your neice and report this family, your neice will be put into your care