My sister wants to give me custody of my neice. What do we have to do? She has lived with me since birth.?

Question

I have had my niece since she was born{five years). Her father who is not on the birth certificate began to show an interest when she was three and he was in jail. My sister still has a relationship with my niece but has no intention on taking her away from the only home she has ever known. She is very happy here and never questions not being with her mom full time. Her father has a history of jail. He has other children but only shows an interest in her. My sister wants to give custody to me, do we have to include him?

Answer 1

you really have to speak to a lawyer about this.

i cant give any other advice. it depends on the circumstances... i think because he is not on the birth certificate, and therefore not her official 'father' that you might be able to get away with it.

try to get it all done without him knowing so he doesnt stir up a fuss.  

Answer 2

You and your sister should make an appointment with the family services division of your county and talk to one of their experts... chances are there is just the matter of a form and a court appointment to get things finalized.

You don't have to put up with her ex at all.

Answer 3

If he fights for rights to her & gets a court order for DNA test proving he's her biological father then yes you will have to deal with him whether u want to or not even with your sisters permission. She can sign custody over to you thru court but her father will get visitations rights and stop any move for adoption. See a good lawyer to confirm this though. Good luck

Answer 4

I agree with Jess.

If you could get it done while he was in jail that would be perfect! I think since he is not on the birth certificate you might be able to get away with it but if he does contest there is always DNA. You really might want to call a lawyer some of them do consults for free.

Answer 5

I would suggest you contact your local Family Court & find out from them what is necessary to do to take care of this legally.  They are great to work with & w/give you the best advice you could ask for.  This is where I'd suggest you start out tho.  Do everything legally & get everything documented so it's all legal & it won't come back on you in the future.  Best to you...:)