Q: Can I get custody of my out of state nieceif her mother is ruled unfit due to drug use? She is in MA,I am in CT
My brother, who had primary custody of my niece passed away 2 weeks ago. My nieces mother has been with her apx 3 days Over the past 3+ years. She was born and addict, her mother has spent time in jail related to drug selling and possession. The mother lives in a house with her parents, boyfriend, brother and his girlfriend where no one word and collects off the state. We have reason to believe that the mother is using again and a 51a has been filed. My 65 your old mother that resides in MA has emergency custody it il DCF completes the investigation. If the mother is found to be unfit, do I have any legal rights to obtain custody where I live in CT? I have always been a part of her life, as has my husband of 14 years. We have 3 daughters ourselves around the sa,e age as my niece. My mom has been told by her lawyer that unless the biological mother goes to jail that I could not obtain custody because I am out of state (even though I am only 1.5 hrs away. Any help would be great
A: Your question lies in Massachusetts law and not Connecticut as the child lives in Massachusetts. Living outside the child's home state should not matter if you apply for and are deemed fit for the child by the Massachusetts authority. Check with a Massachusetts attorney to determine the best strategy for filing for custody there.
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