Custody of my Nephew

[Babygrl121]

My Step-Brother recently had a baby with his gf. His gf was taking Oxy's and Roxy's while she was pregnant. She left the hospital in the middle of the night and noone has talked/seen her since. My nephew went home with my step-brother, mom, and step-dad. If my step brother makes ONE mistake my nephew will be put in foster care. How do I go about trying to get custody of him before it gets to that point of my stepbrother losing him? My mom and step-dad cannot get custody because my step-dad has a felony. Even though I am not a blood relative would I be able to get custody of my nephew?[/B]

 

[Proserpina]

You will have to show both parents are unfit, or get permission from both.

Your stepbrother seriously needs to get his butt down to court immediately and file for custody. Now here's the big question. Why was your stepbrother told one mistake will land his son in foster care? Who told him this?

What's your stepbrother's history?

 

[Babygrl121]

My step brother has custody right now, the guardian at litem and the social worker told him if he makes one mistake his son gets taken away. He's been in and out of jail, and right before his son was born he was in a drug program. He goes to court at the end of this month. The baby just came home Friday and my step-brother hasnt been home for more then 5 hours this whole weekend. IM trying to figure out what I need to do to get custody without getting a lawyer, because I cannot afford one.

 

[Proserpina]

You honestly cannot do this without an attorney.

Because Dad has NOT been proven unfit - and for you to get custody you'll have to prove that he's unfit.

Felons can have custody, by the way - what crime is your stepfather convicted of?

Why was the GAL appointed in the first place?

 

[lonelyinny]

no

My Step-Brother recently had a baby with his gf. His gf was taking Oxy's and Roxy's while she was pregnant. She left the hospital in the middle of the night and noone has talked/seen her since. My nephew went home with my step-brother, mom, and step-dad. If my step brother makes ONE mistake my nephew will be put in foster care. How do I go about trying to get custody of him before it gets to that point of my stepbrother losing him? My mom and step-dad cannot get custody because my step-dad has a felony. Even though I am not a blood relative would I be able to get custody of my nephew?[/B]

no. you are a legal stranger and have no rights at all.

 

[Babygrl121]

My step-dad has a DUI on his record.

 

[Proserpina]

That's rarely going to prevent a person from getting custody unless there are aggravating factors...

Bottom line is a difficult one for you.

Florida to begin with is not friendly to unrelated third party custody claims (and that's putting it mildly); by all means have an initial consult with a local family law attorney who can go over things in more detail with you.