Can I get custody of my niece

[paula p]

Jurisdiction

Missouri

Hi! My 11 year old niece has been living in my home for 5 months now after she was dropped off by my sister. She arrived dirty, hungry, and with a black eye from her step father. He and her mother had been living out of her car at the time and it was the middle of the summer! Two days after she was dropped off DFS showed up to the house with a police office since then I have been through several different case workers one after the other and none of them seem to know exactly what is going on.. Today i get a call from the most recent case worker who tells me that they spoke with my sister and as long as she can pass one drug test and the step father is not in the home my niece will be returned to her mother.. she has lied to them and said she is no longer with the step father but that is not true i see them in town together all the time. I'm worried about what is going to happen to my niece if she is returned to her mother. she is doing to well and has even got the sparkle back in her eyes.. you know the sparkle that all 11 year old girls should have, she's doing wonderful in her new school academically and socially. she has come leaps and bounds since she has been with us she will be devastated to have to go back.. DFS is not helping is there anything I can do through the courts to get custody of her?

 

[Betty3]

All you can do is talk to DFS as you have been. You can discuss with a family lawyer - getting custody would have to be done through the court system but they would need proof that she needs to remain away from the Mother.

 

[txls]

You can try and bless you for caring, but be prepared that it will be difficult. Mama will pass that one drug test and show up in court saying all the right things.

 

[leslie82]

As stated you can petition the court for custody but the courts and DFS always try to give the parents chances to reconcile.

If she passes that drug test and says she's not with him and just has him stay away for a few visits she's going to get the girl back unfortunately. Most lawyers do free consultations. I suggest finding a few who do and talking to them about your situation.

 

[ElleMD]

The goal of DFS is to keep families together whenever possible. If your niece goes back with Mom, stay in contact with her. If stepdad reenters the picture or your niece is in danger, contact DFS. You might even get her a cheap burner cell phone so she can contact you if necessary.

 

[leslie82]

First try talking to your sister if she understands your point of view then its fine, if she doesn't then you can file for the child's custody stating that both her mother and step-dad are not capable of looking her . Even my friend faced a similar situation where her niece suffered physical abuse from her own father, so she filed for her custody with the help of an attorney very renowned, right here in Paris for such cases and she got the custody of her niece!

Except I believe this site covers US law only. So your case would be different than the OPs - unless that person is also in France. Then no one's advice is valid. I'm assuming this person is in the US though.

Here in the US, child services will always try to keep families united if possible. If the child's mother can't take care of her, they will go find the father first to give him a chance before anyone else.