Q: How can I get custody of my niece who is mentally abused by her mother. The father is in the picture.
The father is in the picture and wants to keep a family unit so he puts up with it, he is mentally abused too. My sister has mental issues and refuses help. She is narcissistic and toxic. My niece has severe anxiety and sometimes she can’t breathe due to it.
A:
I would think you would have a tough road in getting what you want. You are seeking guardianship and would have to allege that it is a detriment for the child to remain in the custody of mom. And from what you say that might well be. However, the father is in the picture and if he objected to the guardianship it would have difficulty going through. He would either have to consent to the guardianship or you would have seek to convince the court that it is detrimental for the child to live with either parent.
If the abuse is as bad as you say and father does nothing to protect the child then CPS could step in, but there is no guarantee if they removed the child from the home they would house the child with you.
You should see a local attorney to more thoroughly discuss this with a professional who would then be able to give you sound advice.
A: You do not have legal standing to get custody of your niece. If you mean "legal guardianship", Dad being in the picture would be an obstacle and your request would likely be denied. If you believe your niece is really being abused, my suggestion would be to contact child protective services and ask for a "welfare check".
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