Denver, CO asked in Family Law and Child Custody for Colorado

Q: I've had my niece here with me in Denver Colorado since August 25 2019

I've had my niece here in Denver Colorado since August 25 2019. Her mother (my younger sister) had wrote on a piece of paper saying she has given me temporary guardianship

but hasn't bothered to call or text and see how she's doing since me having her. I honestly don't think my niece will be in a good situation there, my sister sniffs some type of pills, smokes weed and spends all her time on the phone with her long distant boyfriend, and I myself and an older sister whom my nieces mother, stays with witnessed how she will not tend to her while being down there, she don't feed her, or give her the attention she needs. I also feel like she needs parenting classes and maybe a budgeting class, she just qualified for a low income apartment but she quit her job, and now wants her daughter back, but again, I fear for my nieces safety of being back in her mothers care, so I wanna see how or what's the process of trying to get custody if my 3 year old niece.

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1 Lawyer Answer
Sabra M. Janko
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Answered
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: The Court will only give a family member custody over the wishes of the parent if the child is endangered. However, you could ask your sister to consent to a longer period of guardianship and it could be formalized through the courts. The state where the child has been living for the last six months is the child's home state and that is where any such action would be filed.

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