Q: Can I get custody of my niece?
My niece was removed from her mom due to drugs. My brother(out of state not in the picture) is the biological father. When my niece was removed she was placed with the mothers sister. My niece has recently been removed because of the aunt had kids fighting at her house and it is an unstable environment. Is there any way that I can petition for custody? I have not been in her life because up until about a year ago they all lived out of state. Do I have any just grounds? And how would I go about it if so?
A:
Your ability to intervene depends in part on your brother's legal status to the child. I understand that he is the biological father, but is he the legal father? It sounds like with the removal, this case may be heading toward a termination proceeding, in which both the mom and your brother's parental rights could end, and the child placed for adoption.
Best thing you can do is make sure your stuff is in order (e.g. you have stable housing, employment, and social history), and keep in touch with the case worker handling the case.
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