Need advice by legal professional for custody .

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Hopefulheart31

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I was given guardianship of my Neice on Nov.29 of this year. Her mother admitted to everyone that she was back on drugs very heavy and didn't care about her life or her daughters life anymore! I involved CPS and they told me they could nothing because the child had family who was stepping in while mother would binge. My Neice always had rashes on her private areas from not being changed by her mom, the mother received support through welfare and would buy the baby cupcakes and chips. And sold the rest for drugs. As of right now my Neice is safe with me and my husband. She is adapting well and is gaining a healthy weight due to my cooking.
My question is how can I move to the next step and ask for custody, so that my Neice will not have to go back into that life style when or if her mother ever wants her back. Btw my Neice is 14 months old. My husband is primary source of income and I am a nursing major. Our family just wants what is best for the child. One more thing the mother has no place to live due to her stealing of personal items from family members. ( a lot of money was taken without permission ) I also document how often I hear from the mother which is hardly ever and I also document when she buys the child anything which all she has given within this month is about 30 of the 400 in food stamps she gets for my Neice. Someone please assist with actual advice and knowledge? The father of my Neice wants nothing to do with his daughter either.
 
You need a lawyer. You can't try this without one. Even with a lawyer, the agency will seek to reunify the child with mom or dad.

Don't get your hopes up, what you seek is rare, but does happen.

No one here does what you require, start the adoption process in your state. That's why you require a lawyer in your county.

I'd advise against doing what you're doing. Why? Well, these vermin usually get just clean enough to slither back, trying to get their little urchins returned to them. Most succeed, then good people get hurt.
 
It may not be that easy to get custody of your niece. The parents would need to give up their rights to the child or you would have to prove to a judge that there is enough significant abuse/neglect for the child to be removed from the parents. Also, currently like CPS said, there is other family taking care of the child while the Mom binges.

You need a lawyer as noted above - this will have to be done through the court system.
 
I was given guardianship of my Neice on Nov.29 of this year. Her mother admitted to everyone that she was back on drugs very heavy and didn't care about her life or her daughters life anymore! I involved CPS and they told me they could nothing because the child had family who was stepping in while mother would binge. My Neice always had rashes on her private areas from not being changed by her mom, the mother received support through welfare and would buy the baby cupcakes and chips. And sold the rest for drugs. As of right now my Neice is safe with me and my husband. She is adapting well and is gaining a healthy weight due to my cooking.
My question is how can I move to the next step and ask for custody, so that my Neice will not have to go back into that life style when or if her mother ever wants her back. Btw my Neice is 14 months old. My husband is primary source of income and I am a nursing major. Our family just wants what is best for the child. One more thing the mother has no place to live due to her stealing of personal items from family members. ( a lot of money was taken without permission ) I also document how often I hear from the mother which is hardly ever and I also document when she buys the child anything which all she has given within this month is about 30 of the 400 in food stamps she gets for my Neice. Someone please assist with actual advice and knowledge? The father of my Neice wants nothing to do with his daughter either.


Much of this will hinge on what CPS actually intends to do. The following pertains to CPS actually placing the child with you, versus Mom voluntarily giving you guardianship.

If they have a reunification plan (or the intention of getting one in place), you have no chance at all of custody until after Mom has failed miserably.

And she'll be given at least one shot. You need to accept that if you want custody, you're in for the long haul. Either set of grandparents can throw their hats into the ring, too - and if Dad gets wind of this and changes his mind, his chances go from zero right up there to "probably".
 
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