How to get full custody of my nephew? 8 Answers as of April 11, 2013

My sister-in-law and her boyfriend are both drug addicts. Their older child has been taken in by his sister but they still have their younger child. They neglect him and have been told by the welfare office and by the police that they are close to losing custody of him. They both have been in and out of jail for drug related charges and theft. She is currently going to court for stealing from her previous employer and his health is so bad he can't take care of the baby by himself. My husband and I want to get custody of him before he gets hurt or gets put in the system. What are our options? How should we proceed? Also my husband is a soldier. I don't know if that affects anything but it thought it might.

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Ronald Main & Associates | Tracian M. Laignel
You will want to go to court and seek a guardianship/adoption action. To get instant custody of the child I would seek an emergency guardianship action. I believe the child's parents' records speak for themselves and you should not have any issues with getting custody of the child. You may want to seek out an attorney in your area to help you but you can also contact your county's clerk court and get the paperwork.
Answer Applies to: Oklahoma
Replied: 4/11/2013
Rebecca Rainwater
Rebecca Rainwater | Rebecca Rainwater
You should consider seeking a guardianship. If you can get the parents to agree process much easier. Check with your local court as many provide free guardianship clinics.
Answer Applies to: California
Replied: 4/8/2013
McGuire Law Offices | John Smitten
File a petition for relative custody with the family court.
Answer Applies to: Florida
Replied: 4/5/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
God bless you. As the couple continue their downward spiral ask to that the child who will be an ever increasing burden to them. If the refuse wait for and incident and notify Social Services of your concerns and willingness to help. Commonly Social Services will that a stronger position if they know there is a safe place for the child awaiting, rather than putting them into the system. If you receive the child then start the process to make the placement permanent.
Answer Applies to: Michigan
Replied: 4/5/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You need to file for guardianship.
Answer Applies to: Idaho
Replied: 4/5/2013
    John Russo | John Russo
    Contact CPS if it is as bad as you claim they will have record of the problems already, tell them who you are and that if they move against the parents then you would like to be considered for placement of the child. What will happen if they remove is that the department will be given temporary care, custody, and control of the minor child with the discretion to place, i.e. foster care at first, that is where you can come in, by law the state must attempt to place with family members first so if you give them a heads up and work with them you will have a good chance, also always be nice and agree with them, if they say its a lovely day and its 11 at night say you are right, many of these folks have bruised egos for some reason so anyway just stay on their good side and you will be fine, if they end up terminating their rights that will put you in line to adopt if you wish to.
    Answer Applies to: Rhode Island
    Replied: 4/5/2013
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Ideally, the best approach is a temporary guardianship with the parents agreeing to it. You can seek guardianship without their consent, but it will be more difficult.
    Answer Applies to: California
    Replied: 4/5/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    You need to file in probate Court for guardianship of the child.
    Answer Applies to: California
    Replied: 4/5/2013
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