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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 763
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I have a niece that has a 2 yr old baby , she is a drug

Customer Question

I have a niece that has a 2 yr old baby , she is a drug addict as well as the father .She dropped her baby off with a friend 1 yr ago and goes and does what she wants , she is collecting aid from the state of Maryland and is not seeing or caring for the baby .The father is in rehab for his addiction .my question is can we as aunt and uncle take custody of the baby with everything going on with her parents right now .We live in Florida
Submitted: 4 months ago.
Category: Family Law
Expert:  originallawyer replied 4 months ago.

Unfortunately, great aunts and uncles do not have custodial rights. You'd need to go to court in Maryland and request to be appointed a non-parent conservator. Most states require the non-parents to have had some contact with the child within the past six months. You can make a report to CPS and have them investigate the living situation of the child to see if she's being neglected. CPS could also institute court proceedings to take the child and at that point you could volunteer to be the foster family, which would then put you in a better place to ask for custody of your grandniece.

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