Custody

Cfourie7210

New Member
Jurisdiction
South Dakota
Hi there

We recently found out that my niece and her husband are using drugs called Cat. They are usingbon a daily basis. There is no food in the house they are renting, also the owner wants them to move because they are not paying the rent. They deny that they are using drugs but several people have seen them buying it.

We want to take custody or even adopt their 3 year old daughter. Can we do it? And how can we help my niece? I wouldn't want them ending up in jail but it looks like thats the way they are going now.

Thank you
Corné
 
You have no inherent rights to your niece. If you believe that she is being abused or neglected, your only option is to contact the agency concerned with Child Protection (DHR/DHS/DFAC/CPS/DFS) or local law enforcement.
 
It is possible that social services would temporarily place a child with you during an investigating, but custody/adoption just won't happen.
If you have concerns of child neglect or endangerment you can report it to police or social services and they should keep your identity confidential.
 
Hi there

We recently found out that my niece and her husband are using drugs called Cat. They are usingbon a daily basis. There is no food in the house they are renting, also the owner wants them to move because they are not paying the rent. They deny that they are using drugs but several people have seen them buying it.

We want to take custody or even adopt their 3 year old daughter. Can we do it? And how can we help my niece? I wouldn't want them ending up in jail but it looks like thats the way they are going now.

Thank you
Corné

You can't adopt your niece unless both parents allow you to and relinquish their rights. I doubt that's going to happen. You maybe could try to get custody but if you have no proof of drugs or neglect you probably won't get it. Talk to a lawyer.
 
Hi there

We recently found out that my niece and her husband are using drugs called Cat. They are usingbon a daily basis. There is no food in the house they are renting, also the owner wants them to move because they are not paying the rent. They deny that they are using drugs but several people have seen them buying it.

We want to take custody or even adopt their 3 year old daughter. Can we do it? And how can we help my niece? I wouldn't want them ending up in jail but it looks like thats the way they are going now.

Thank you
Corné

Speak with the two alleged parents and drug abusers about helping them by TEMPORARILY taking the child until they can get their lives in order.

Ask them to accompany you to your attorney's office, where you have previously discussed the prospect of obtaining EMERGENCY CUSTODY through the applicable SD Court venue.

You have arranged with your attorney to secure temporary six month guardianship while the parents are in rehab and repairing their lives.

If the parents disagree, that's your sign to stay out of this, but keep an eye on the kid to ensure you can report any child neglect or endangerment issues to the police or child services.
 
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