How can i get the temporary custody of my niece?

Asked 11 months ago - Edison, NJ

right now my niece is 13 year old and she staying at my house temporary due to school and we visit her mom at a different city, all her life she been suffering due to her mom and dad, 3 years ago her dad left and now she been suffering even more due to her mom to be unfit. my niece tells me that her mom goes out at night and get drunk and use drugs, and her mom bring random man to the apartment. and Im afraid something can happen to her. she tells me her mom dont take care of her little brother and little sister. she always look after and her mom always goes out to get drunk and do drugs.

need advice what to do. right now DYFYS is on her and DYFYS knows about everything. Her mom has a bad record.

Additional information

Right now my niece just wants to go visit her mom Saturday night and come back Sunday.
On the meantime we always pick up her little brother and sister or sometimes her sister on Friday and bring them back Saturday night or Sunday afternoon.

Attorney answers (2)

  1. Brad Michael Micklin

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . Before I answer the question, here's a link to an article that may be very helpful to you: 4 Key Facts any Parent Should Know about Custody Cases in New Jersey:

    http://info.njdivorceattorney.net/blog/bid/2456...

    You must file a motion with the Family Court in your County seeking third-party custody. A person may apply for custody of a child in New Jersey. You will need to demonstrate that living with you is in the child's best interest.

    You should consider meeting with an attorney well-versed in these areas.

    Additionally, below are links to articles and information that may assist you with your issue.

    Good luck.
    Brad M. Micklin, Esq.
    The Micklin Law Group
    187 Washington Ave., Suite 2F
    Nutley, NJ 07110
    973-562-0100
    Brad@Micklinlawgroup.com
    www.micklinlawgroup.com

    Please mark as "Helpful" or "Best Answer" if our advice helped you. This information is based upon the limited... more
  2. Jordan A Stern

    Contributor Level 9

    1

    Lawyer agrees

    Answered . If DCPP (formerly DYFS) is involved, you should find out if they plan to start a court case or if they are having a family team meeting. If they do, the best way for you to gain custody may be to cooperate with them. If DCPP believes you are the best relative resource parent, then DCPP will likely give you physical custody. If DCPP is not starting a court case, you can commence a custody case against your niece's mom and dad, but that's complicated. Perhaps you can obtain the mother's consent to your having physical custody, then you can memorialize that with a court order. A family lawyer can help.

    The information posted by the Law Office of Jordan A. Stern on Avvo is not legal advice. Consult an attorney for... more

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