Can I get custody of my out of state niece is mother is found unfit due to drug use?

Keri88

New Member
Jurisdiction
Massachusetts
My brother, who had primary custody of my niece passed away 2 weeks ago. My nieces mother has been with her apx 3 days Over the past 3+ years. She was born and addict, her mother has spent time in jail related to drug selling and possession. The mother lives in a house with her parents, boyfriend, brother and his girlfriend where no one works, most have Crimson records and all collect off the state. We have reason to believe that the mother is using again and a 51a has been filed. My 65 your old mother that resides in MA has emergency custody it il DCF completes the investigation. If the mother is found to be unfit, do I have any legal rights to obtain custody where I live in CT? I have always been a part of her life, as has my husband of 14 years. We have 3 daughters ourselves around the sa,e age as my niece. My mom has been told by her lawyer that unless the biological mother goes to jail that I could not obtain custody because I am out of state (even though I am only 1.5 hrs away. Any help would be great
 
Since DCF is involved, they will want to keep Niece in their jurisdiction.
 
You don't need custody to support the child and your wonderful mother. I suggest you support mom, help her do the best she can for the child.

You're only 90 minutes away, so you and your family can visit mom and your niece regularly. Do whatever you can, whenever you choose to ensure the child gets counseling, has those little things babies and kids want, and give her all the love you can. Mom is gonna need that love,too.

You're all grieving over a son, brother, father, and uncle; so take time to grieve. The child is going to need help, love, and little stuff that kids crave. Help where and when you can. From what you post, your beloved mother is all over this. Just support her, and you don't need custody to help mom help her grandchild.
 
Unless the mother agrees to let you adopt her, should she be given legal authorization to do so, taking the child out of state is probably not going to happen. The mother might if she hasn't been part of this girl's life for years. Kids are an adorable inconvenience.
 
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