Obtaining custody of my niece

[MorganLouise]

Jurisdiction

Indiana

My niece is 5 months old and her parents are both addicted to drugs. Our family thought that they were clean and my brother in law just got arrested last week for possession of drugs, driving without a license and neglect of a dependent. She was in the car when they got pulled over. My nieces mother was also in the car but my brother in law took full blame so she didn't get charged with possession, just neglect. CPS has been contacted by another family member because they don't have a stable home and neither of them have jobs and they go from drug house to drug house with my niece. My mother in law wants to take custody but neither my brother in law or his wife want to give the baby up. Unfortunately my mother in law has a felony for child neglect form years ago when my brother in law refused to go to school and she got charged for it. I'm afraid she will not be able to get custody of my niece. The only person they said they will sign over rights to is my brother in laws wife's mom who is also an addict with no job. I do not want her to be in this situation and want to know if there's anything me and my husband could do. We want to take custody of her but are afraid we won't be able to. It kills me to see her going through this. I just want to take her until they get clean. What would be my next steps if there's something I can do? And would it be possible for my mother in law to obtain custody of her, even with the child neglect felony, if me and my husband couldn't?

 

[army judge]

What would be my next steps if there's something I can do?

You can make contact with the caseworker at the child protection agency and express your interest in becoming an emergency caregiver for the child(ren).

Emergency caregivers can possibly become long term caregivers.

Bear in mind, the ultimate goal of society id to reunite parents and children.

The standard for being a parent in the USA today is very low.

As an aunt, it is possible, but it is all up to the agency.

 

[MorganLouise]

Would it be more possible for my mother in law to get custody over me? I'm trying to figure out the best way to get her out of this situation as fast as possible until I know they are both clean.

 

[mightymoose]

It won't be for you to decide when the parents are clean. Social services will decide where the children will go and it may not even be with a family member, but could be.
Whenever the courts decide the parents are entitled to have the children returned to them then it will happen.

 

[army judge]

Would it be more possible for my mother in law to get custody over me? I'm trying to figure out the best way to get her out of this situation as fast as possible until I know they are both clean.

Only the child services agency or the juvenile court can say with certainty.

Why don't BOTH of you go together and offer yourselves up as temporary, emergency caregivers?

 

[MorganLouise]

It won't be for you to decide when the parents are clean. Social services will decide where the children will go and it may not even be with a family member, but could be.
Whenever the courts decide the parents are entitled to have the children returned to them then it will happen.

So there would be no way to insure that she wouldn't go to foster care?

 

[mightymoose]

Nope. You have no control in the matter. You can only offer your home and your care as an option, but the decision belongs to social services.

 

[ElleMD]

Honestly, it sounds like this is a case were foster care is the best place for this child. The biological family sounds toxic and rife with addicts and those who neglect and make questionable choices. This poor baby needs stability and not to be bounced around. You can request anything you like, but social services is not required to to accept the offer. The last thing they need is to place a child in another household where they need to worry about the child's safety.

 

[MorganLouise]

I have a very stable home with no drug use. I understand I have no say but I want to do everything in my power to keep her out of the foster care system. I've heard horrible things about it. I can support her 100% and give her a very stable life.

 

[army judge]

I have a very stable home with no drug use. I understand I have no say but I want to do everything in my power to keep her out of the foster care system. I've heard horrible things about it. I can support her 100% and give her a very stable life.

Well, today is Monday, have you visited the agency or contacted anyone at the agency?

That's how you start to achieve that which is your heart's desire, doing what you can to help those babies.

Good luck.....