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Third party custody

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Latest post Fri, Aug 12 2011 3:23 PM by LynnM. 3 replies.
  • Fri, Aug 12 2011 4:49 AM

    Third party custody

    Hi there,

    I need some advice. I have a neice who's mom had left my brother and her for almost 3 years now. We took the custody case to court and my brother won full sole and legal custody. In between this, I have been financially taking care of my neice since this happened. Now, she will be living with me and I want what is best for her. I tried to file for guardianship, but since there is a case opened for custody. I was told to apply as third party custody. I am afraid that if I take it to court, that the court might just grant my neice to her mom. I don't want to take it to court if I know that I might lose her. I just want her to be a happy child and if her parents wants to vistit her. I have no objection to it. Please help!

  • Fri, Aug 12 2011 12:58 PM In reply to

    • kath21
    • Top 25 Contributor
    • Joined on Sat, Apr 18 2009
    • CA
    • Posts 4,451

    Re: Third party custody

    Well, if brother won full custody, why is the case open?  Did Mom come back and file for custody herself?

  • Fri, Aug 12 2011 1:57 PM In reply to

    Re: Third party custody

    When it comes to custody your wants and beliefs are irrelevant.

    The court will go by the law.

    That your brother won full custody but pretty much is abandoning his daughter to you means there is something seriously wrong with the whole arrangement.

    The mother could certainly gain custody if that arrangement was brought to the attention of the court.

    By the way, you can't lose something you don't have in the first place.


    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Fri, Aug 12 2011 3:23 PM In reply to

    • LynnM
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: Third party custody

    OK - first you need to accept that legally you have no right to custody. Why is your brother not keeping custody ofhis child?

    If he agrees with you having custody it is unlikely the court would instead give custody to someone who has not seen her in a long time. But no one can give you a guarantee.

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