Can I get custody/guardianship of my niece?

Question

My niece(2yrs) lives with her mom and dad in maternal grandmothers house. The house is filthy, it has roaches,bed bugs, and rats. The parents constantly argue and my nieces mom throws out my my niece with her dad. Her dad is my brother and he has drug problems. He had a overdose on fentanyl in November 2023 and still uses drugs.  
My nieces mom smoke marijuana around my niece. My niece is always dirty and never showered. I have showered her many times and almost always her body is filthy. When asked they would say she hasn't showered in 3-5 days. My niece is also underweight she is 2 and weighs no more than 25lbs.

James L. Arrasmith · Answer

This is a concerning situation, and I understand your worry for your niece's well-being. Based on the information you've provided, here are some steps you might consider: 
 
1. Document everything: Keep a detailed record of all incidents, including dates, times, and specific concerns. This includes the living conditions, drug use, neglect, and any other relevant information. 
 
2. Contact Child Protective Services (CPS): In California, you can report suspected child abuse or neglect to your county's CPS office. They will investigate the situation and determine if intervention is necessary. 
 
3. Consult with a family law attorney: An attorney can guide you through the legal process of seeking custody or guardianship. They can help you understand your rights and the best course of action. 
 
4. Consider filing for guardianship: In California, you can file for guardianship of a child if you believe the parents are unable to care for the child properly. This is typically done through the probate court. 
 
5. Be prepared to demonstrate that you can provide a stable environment: If you pursue custody or guardianship, you'll need to show that you can provide a safe, healthy living situation for your niece. 
 
6. Consider temporary custody: In emergency situations, you might be able to file for temporary custody while a more permanent solution is determined. 
 
7. Gather evidence: If possible, collect evidence of the living conditions and any neglect. This could include photographs, medical records, or statements from witnesses. 
 
8. Cooperate with any investigations: If CPS becomes involved, cooperate fully with their investigation and express your willingness to care for your niece. 
 
Remember, the court's primary concern will be the best interests of the child. Given the circumstances you've described, there may be grounds for intervention, but the legal process can be complex. 
 
It's crucial to act quickly but also carefully. A family law attorney can provide more specific advice based on the details of your situation and guide you through the legal process in California.

Q: Can I get custody/guardianship of my niece?