Q: I have had my neice for a few years now. I get child support but I dont have custody. Can the mother still take her ?
Shes been with me almost 3 years. The mother left her and moved out of state almost 2 years ago. She asked me to get her due to bad circumstances. At the time she agreed to custody but never went to do it. Moved away and now is threatening to take her back out of anger. The child is a teenager and doesnt want to go. What do I do to protect the well being of my neice its best if she stays with me. She has visited 3 times in 3 years barely calls her. She has other kids that dont live with her as well. I want to gain custody. Can I file abandonment? And try to get custody. Ive already tried dcf they couldnt find her. So they dropped the case.
A: Yes, the mother still has the legal right to custody of your niece. You should get an attorney and file suit so as to get a court order giving you custody. It appears that serving her by publication may be necessary.
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