Getting custody of my 14 year old niece

[ras7428]

Jurisdiction

California

My niece is 14 and has been in foster care since she was 9 - the foster mom (a friend of the family) has obtained legal guardianship over her - my sister lost all rights and her father committed suicide - my niece wants to live with me - she doesn't want to be "different" - she wants to be with family - In addition my niece gets survivor benefits for her father however both myself and my mom have been unable to get a accurate accounting of her monies from her guardian - the issue is I do have a record , and I have been to prison - however currently I am in process of obtaining a certificate of rehabilitation - I have 7 1/2 years in recovery, I have had the same job for 7 years (I am the Operations Coordinator of the rehab I graduated from) I am a spokesperson for Prop 47 and I currently have an infomercial running about the benefits of Prop 47 - I have changed my life - what are the odds I can get custody of my niece? And what would be my first step ?

 

[adjusterjack]

You're not going to like this.

my niece wants to live with me

My guess is that you are encouraging that thinking which is doing your niece harm. She has to understand that the court put her there and the court isn't going to change that after 5 years. It's a fact of life that wishing isn't going to change.

she doesn't want to be "different" - she wants to be with family

She isn't different. She IS with a family, just not yours.

In addition my niece gets survivor benefits for her father however both myself and my mom have been unable to get a accurate accounting of her monies from her guardian

Understand that you have no legal entitlement to that information nor does the guardian have any legal obligation to give it to you.

the issue is I do have a record , and I have been to prison

Yes, that is an issue.

however currently I am in process of obtaining a certificate of rehabilitation - I have 7 1/2 years in recovery, I have had the same job for 7 years (I am the Operations Coordinator of the rehab I graduated from) I am a spokesperson for Prop 47 and I currently have an infomercial running about the benefits of Prop 47 - I have changed my life -

That's wonderful and I commend you for it.

what are the odds I can get custody of my niece?

Poor.

And what would be my first step ?

Hire a lawyer who knows the court procedures. File a guardianship petition with the court. Spend $5000 to $10,000 on lawyer fees while the current guardian fights you on it, with slim chance of success.

Now that you see the reality of the situation, perhaps you can relay that reality to your niece and have her accept he living arrangements, encourage her to do well in school, go to college, and have a relationship with you as her aunt, all that without embroiling her in a court battle that'll do her more harm than good.

 

[txls]

Excellent advice.

 

[Betty3]

Agree!