Custody of nephew

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innalogvis

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My sister is a drug addict. She is currently at a rehab center in state of OR with her baby who is my nephew. Her husband, actually I do not know if they are legally married, is also a drug addict. I need to know if I would be able to get temporary custody of my baby nephew if worst comes to worst. There is an issue because I live with my husband in NY state. Will this be possible?
 
The odds aren't in your favor. She is in rehab; is there evidence that Dad is unfit? Have child services been involved?

In all honesty the only shot you'd have would be if the child is removed; but even then not only are you on the other side of the country but the goal is to reunite the child with the parent/s whenever possible.
 
Propser is basically right you could try, but courts are very reluctant to take custody away from parents especially if child services has not been involved up to this point. There have been quite a few cases like this and generally the parents prevail, but you would need to prove the father is a drug addict with documentation and the rehab etc which might be confidential. Furthermore, judges do not like to order kids to move across the country either as kids have friends, teacher, familiarities, transitioning a child across country can be very hard on them particularly if it has to happen again when the parents recover.

If you really believe it is in the best interest then you can fight for it, but this might sever any relationship you have with the parents of the children and there is a good chance you will lose. However, I am just an anonymous internet poster like anyone else on this board that knows nothing about you, the situation, or all the details. It is possible just a big uphill battle there are several places to find a lawyer to speak to I would start with the Oregon state bar website, this site can help you, or legalmatch, or any number of places allow you to find an attorney to handle your situation. Hopefully whatever happens everything works out for the best good luck.
 
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