How to obtain custody of a child when both parents are in agreement?

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Auntie4Ry

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My niece has resided with her maternal grandmother for some time now due to her biological parents instability, and struggle with substance abuse. I have had suspicions of child abuse towards my niece at the hands of her grandmother for some time now. My suspicions were confirmed last night when my niece told me that her grandmother yells, screams, curses at her while grabbing her by the hair, and slamming my niece to the floor. As if this wasn't bad enough often times this abuse is followed up by her grandmother smothering her with a pillow, and how scared she feels when she can't breath. My niece, courageously, goes on to tell me that this pillow smothering has been going on as a form of punishment for years now, along with many other grossly inappropriate atrocities!

Originally, her mother, and father (my brother) thought they were doing the right thing by leaving my niece in her grandmother's care since they were, and still currently unable to provide for her. Unfortunately, the grandmother's dormant, child-raising inadequacies are being discovered, and are reeking havoc on my niece's physical, mental, and emotional, health. A smooth, and immediate relocation is imperative. Both biological parents are in agreement with this permanent life decision for the well-being of their daughter.

Given the recently confirmed toxic environment my niece has been subjected to, the unknown severity of the grandmother's psychosis, and the agreement by both parents to permanently place my niece with me, at this point I don't see the need for Superior Court involvement. My objective is to get my niece out of the care of the grandmother as swiftly, and as peacefully as possible!

How do I gain legal/residential custody of my niece with the agreement by both parents which grants me full decision making (as if I were the biological parent) without a lengthy court process?
 
You can't.

There's a reason why the State requires court action.

Before we continue though, what happened when child services were called? They were called, yes?
 
Did the court order or approve Grandma being awarded custody? How is it the child is with Grandma? Has you or anyone contacted children's services over abuse claims? The only means for you (or anyone) to be granted custody is via court order so contact an Attorney
 
Goodness, I certainly hope you (or someone) contacted CPS if there was that much & type of abuse. I'm sorry but a court would have to get involved for you to get custody or for any custody change. You need to speak to a lawyer.
 
If the child simply lives with Grandma without any custody orders, then the parents still have legal custody. They can go get their child and bring her to you.
However, just because the parents agree right now, if you don't get court ordered custody, they can always change their mind and come take the child from you.
You really need to get a lawyer.
 
If the child has been staying with Grandma and nothing has been reported to CPS, Grandma is likely going to make a play for custody and this is where there's a huge hiccup:

If the parents are still unable or unwilling to care for the child, the state is not going to take the child from Grandma at the whims of the parents so they can place the child with one more third party.

This is where best interest is key - we're now talking third party vs. third party and status quo has a huge impact (often moreso than in parent vs. parent custody battles)

Of course there's always the question of credibility.

I hope for the parents' sake that CPS have been involved, and that there's not a "grass is greener" motivation.
 
To answer your question, the only way to get what you wish done without a hard, lengthy court battle, is if the parents and grandmother all agree (assuming the grandmother has court ordered guardianship/custody). Otherwise, it is unlikely the child is removed from the grandmother unless the abuse claims are substantiated through a CPS investigation.
 
I've reread this thread several times. What I'm getting is that someone somewhere is perhaps not being as honest as they could be.

I also have a question or three.

1. Are the parents paying child support?
2. How old is this child?
3. Has CPS been called yet, and if not why not?

I'm getting a particularly uncomfortable feeling about this entire business.

And yes, I do live in OP's state.
 
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