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What do I have to do to get custody of my niece. He father is not willing to give me her and her mom is dead.

Asked almost 3 years ago - Indianola, MS

Her mom have died in 2002. Her mom did not leave a will so the father were given automatic rights. My mom raised her until 2006 when she was taken out of the home on a molestation charge. When the case was dropped she was placed with paternal grandparents Since the case was dropped why wasn't she returned to her maternal grandparents. Three years later I finally got a case and her father agreed to give me (the maternal aunt) custody of her as long as we stayed in touch. Since than I have been harrassed by him and his mother and I am about to give her up to stop the harrassment. My attorney can not offer me any great advice so I was considering firing her and starting the process over, but I do not want to give her up and it hurts me in the long run, because I think the father will mess up.

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Attorney answers (1)

James P. Frederick

Reputation Level 16

Answered over 2 years ago. Probate Attorney in Livonia, MI.

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You are to be commended for fighting so hard to make sure that your niece is taken care of. It sounds like you are really the only person who is willing to stand up for her.

I would need more information from you before being able to advise you further. Most states allow minors of a certain age to have some say in who they will live with. You may be able to use that, if your niece is old enough.

In general, most states prefer children to be placed with their biological parents. That preference does not apply in cases where it would place the child in danger of physical, mental or emotional harm.

If you believe that the father will likely have problems in the future, which is what it sounds like, then you are right to try to remain involved, as long as you can.

I would urge you to continue to fight for your niece's best interests.

James Frederick

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