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My niece came to live with me and doesn't want to move back with her mother. What can be done??

Orlando, FL |

The girl is 13 years old and her mother treats her like hell. Swears at her, never brings her to school on time. Always drinking, but she treats her other 3 kids like gold. The girl has been staying wit me but everytime the mom gets mad she takes her back and just emotionally hurts the girl. On top of it all, she makes the 13 year old care for two 2 year olds and a 4 year old like they was hers.

Attorney Answers 3

Posted

If her mother is an unfit parent and you don't want your niece to stay with you, then you can contact DCF and they will take her into State custody.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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Asker

Posted

State custody would not be any easier for the girl then what is going on now. C'mon. we all know that. That'll just strip her from the rest of the family and friends that are doing everything to help her.

Posted

Your question doesn't state whether you want to continue to care for the girl. If so, please explore a guardianship. Will mother consent? Where is the father?

Please call for a free consultation.

Debra G. Simms
407-331-4529

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Asker

Posted

I def. would want her to stay with me, and that is what she wants to do also. I'm just not sure how the law works. I will be sure to call after work tomorrow. Thank you very much.

Posted

If you have seen signs of abuse, it is your duty to call the 1-800-ABUSE hotline and report your concerns about this child. Furthermore, the child should be encouraged to speak to her guidance counselor at her school regarding the fact she is not brought to school daily and she feels she has no control over her attendance due to a lack of cooperation at home. The Department of Families and Children can assist this young woman by holding a hearing in which she can be declared a dependent of the state, and placed n a foster home or in the home of a relative approved by the department and willing to keep the child. See a family law attorney for further assistance, but the suggestions just made do not cost you anything and are worthwhile. The mother is the natural guardian of the child and as such, she unfortunately can ovverrule you unless you get a formal custody order from the court which says otherwise. Good luck to you .

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Asker

Posted

Thank you very much. I did have her speak to her counsler at school about 5 days ago. We have a meeting scheduled for tomorrow. I will look into the FORMAL Custody order and try that route. I just feel having her taking away from the rest of her family and friends and put in state custody, will make things 10 times worse on her. I am going to see if I file that motion, if the courts will allow her to stay with me until all is resolved. Thanks again for your time.

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