Q: can any one give me some advice. thay have taken my nieceaway
from my brother me and my wife of 26 years she is stay at home mon I have been on my job and address
for more 3 years. me and my wife would like to try to get some kind of custody or if nothing else to get her home with
us. until my brother can get every thing taken care of that the court ordered him to do on many occasions. I have tried
to get hold of caseworker. never no return call. there is one thing.come to find out my brother is not biological of
Cheyenne. hem and her were married and steal are but thay are not to gather hi did sign the birth certificates.
the biological parents do not wont to have any thing to do with any of it ps her name is Cheyenne bryan.
I do not have much money to hire lawyers.
First, don't put your name and contact information in this forum. This is not for the solicitation of business and putting this information on a public forum could negatively impact any case you may have.
As far as your question, it sounds like a complicated situation. If the child was born during his marriage, the child is his child, legally, until the biological father legitimates the child or the child is otherwise adopted. That said, it sounds like your brother is in the middle of a dependency case. It is possible for the Court to place the child with you through kinship placement, but you have not right to petition for that. You can ask DFCS to recommend it, but they have to do a home study and determine that your home is the best fit for temporary placement. That is determined at the sole discretion of the Court, so, if they so no, that is it and you have no right to press the issue further.
Your brother is entitled to representation in this matter, so he needs to apply for a court appointed attorney if he doesn't have one already.
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