Q: My niece was taken by child Pro. My sister told CM she does not want her brothers[me] to take custody. How can I fight
She had Ran away from her husband that they claimed sexually abused my niece and she filed a report. She ended up going back with our warning about him and losing her child to CP services but went back anyway and ofcuarse Child protection took my niece. My sister had told case management that my brother and I are not allowed to do anything or even watch her child which I'm sure her husband made her do. How can I fight it? and gain custody of the child?
A: You can file your own petition. DCS is only allow to place with a relative if a parent agrees, but the Court can place with you if the judge chooses. You should consult an attorney to help you with the proces.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.