Can my husband and I get custody of my niece's son?

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ematkinson

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My niece has had drug abuse and problems with the law. She recently got out of jail for possession with intent. She left her son around thanksgiving with a cousin who then took him to my parents. They are in their 60's and can't physically take care of him. She made little contact with him during the time between thanksgiving and her arrest in Feb.
 
My niece has had drug abuse and problems with the law. She recently got out of jail for possession with intent. She left her son around thanksgiving with a cousin who then took him to my parents. They are in their 60's and can't physically take care of him. She made little contact with him during the time between thanksgiving and her arrest in Feb.

Her contract is meaningless.
You should discuss what you desire with a lawyer.
The child's father has inherent parental rights, insofar as custody is concerned.
Yes, he has rights even if he's in prison.
If they were never married, the baby's daddy has certain legal challenges he has to pursue, if he's interested in custody, too.

Again, this is another issue far too complex for an online forum.
If you're serious about this, hire a lawyer.
Be advised, what you're desirous of obtaining is very time consuming and costly.
 
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