Custody of niece!

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Latest post 04-24-2012 9:18 AM by Drew. 2 replies.
  • 04-24-2012 1:52 AM

    Custody of niece!

    I currently am taking care of my niece, I've had her since she was 5 she is now 13. Her mother is unfit to take care of her but because of a nasty split between her and my brother she is trying to get custody in order to take it out on my brother by taking his child away. My brother is not financially stable enough to take care of her so I have had her since her Grandmother passed away. My niece wants nothing to do with her mother but the mother is now threatening to take us to court. So my question is how do I go about getting legal custody of my niece so that her mother can't cause her unneccesary emotional stress. We currently reside in North Carolina, but the previous legal preceedings were in Florida. Any tips would be greatly appreciated. Currently my husband and I only have power of attorney. She has an agreement with her father that she wants to stay with my husband and I, not her parents. My brother has full custody, and the mother has a chance to get supervised visitations once the court deems her fit. So my main question is if my niece continues to want to not have anything to do with her mother how do I go about doing that for her well being.

  • 04-24-2012 3:01 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,200

    Re: Custody of niece!

    So my question is how do I go about getting legal custody of my niece so that her mother can't cause her unneccesary emotional stress.

    You file for custody with the court in Florida as they have jurisdiction because of the on going proceeding..  Father and mother will have the opportunity to object. You will have a chance to present your case.  Chance are, even if you are granted custody both parents can ask for visitation and will most likely get it, the mother under the terms of the previous order the father if he asks for it., whether the child wants to see them or not.

    Currently my husband and I only have power of attorney.  A 13 year old cannot grant a power of attorney.

  • 04-24-2012 9:18 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,488

    Re: Custody of niece!

    I'm not sure I follow.

    Brother has full legal custody of his child--isn't that enough?  Not clear in your post if you have court ordered role or not.

    Child does not get to decide who has visitation --child is the subject of an order.

    If Mom has visitation rights she is entitled to the exercise of same .

    If Mom wants more visitation she seek same via order

    If mom contends that dad is unable or unfit to be custodian and mom would be better for the child then mom raises that point in court.

    I'm not sure what your role is in all this except to meddle and take sides?



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