How Do I Gain Custody of My Niece That Lives Out of State

**amyinohio** · 02-25-2011, 11:10 PM

My question involves adoption law for the State of: Ohio/Kentucky. I currently reside in Ohio, my niece lives in Kentucky with my ex fiance, and her mother. My ex is on the birth certificate as her father, but biologically she isn't his. Her mother is my soon-to-be ex sister-n-law. My niece is going to be 3 years old in 1 month, and I was taking care of her since she was a month old full time until about 7 months ago when I had left my ex. He isn't wanting me to have her full time without paying him $$. He is wanting me to pay him $2000 to get my sister-n-law to sign over her rights to my niece, and she will live with me as well. I don't feel that is right to handles things that way, but I don't know what else to do. I need to know where to begin to fight for her the legal way. My sister-n-law is not keeping my niece in good living conditions and she has already abandoned her 2 older children. I don't have much time to get things started because my ex is expecting this money from him within the next 2 weeks. If I have to I will pay it to him if that means I get her away from that situation, but I would rather not give him anything. If you know of a lawyer to recommend in the Southwestern part of Ohio that can help me, please let me know. Thank you![/FONT]

**Dogmatique** · 02-25-2011, 11:25 PM

Seriously - you need to clarify the family relationships here.

**amyinohio** · 02-25-2011, 11:57 PM

how are you wanting me to clarify the relationships? My sister-n-law and my brother split up in 2007, she moved in with me and Fiance(EX). She discovered she was pregnant less than a month from moving in with us, 8 months later, we kicked her out, and she moved back in with my brother for 2 months. (By the way, the biological father has not stepped forward, nor has been identified, my ex just assumes the father responsibilities). When my niece was was 1 month old, my sister-n-law, and her came back to live with me and my ex. That is the living situation that occurred for next 2 and half years. During that time we lived in northern kentucky, for the most part. I moved out and left my ex 7 months ago. My sister-n-law decided to go live with my ex, and his parents temporarily, and because she had no other place to go the parents let her. My niece has known me as her mother that whole time and still does, because I was always told by my ex and sister-n-law that she wanted me to have her. But they never went through with it because I didn't have the $$. So because I broke it off with my ex, he is taking it out on me and my niece, and wants me to basically pay him for the rights of her. He wont sign over his rights, but he is willing to have my sister-n-law sign over hers. He is a lot of controlling issues and is paranoid. I want her out of the situation, but they only way he will do this is if I give him the $$. Like what I was saying before I don't know what to do. Please let me know if you need more clarification.

I know this is a lot to digest, trust me I have lived it, and I wouldn't go through it again!

**llworking** · 02-26-2011, 04:03 AM

Quoting amyinohio

how are you wanting me to clarify the relationships? My sister-n-law and my brother split up in 2007, she moved in with me and Fiance(EX). She discovered she was pregnant less than a month from moving in with us, 8 months later, we kicked her out, and she moved back in with my brother for 2 months. (By the way, the biological father has not stepped forward, nor has been identified, my ex just assumes the father responsibilities). When my niece was was 1 month old, my sister-n-law, and her came back to live with me and my ex. That is the living situation that occurred for next 2 and half years. During that time we lived in northern kentucky, for the most part. I moved out and left my ex 7 months ago. My sister-n-law decided to go live with my ex, and his parents temporarily, and because she had no other place to go the parents let her. My niece has known me as her mother that whole time and still does, because I was always told by my ex and sister-n-law that she wanted me to have her. But they never went through with it because I didn't have the $$. So because I broke it off with my ex, he is taking it out on me and my niece, and wants me to basically pay him for the rights of her. He wont sign over his rights, but he is willing to have my sister-n-law sign over hers. He is a lot of controlling issues and is paranoid. I want her out of the situation, but they only way he will do this is if I give him the $$. Like what I was saying before I don't know what to do. Please let me know if you need more clarification.

I know this is a lot to digest, trust me I have lived it, and I wouldn't go through it again!

Ok, let me see if I understand this correctly....

You brother was married to a woman who got pregnant by some stranger who is not identified at this point.

Your ex-fiance (fiance at the time) for some mysterious reason decided to sign the AOP at the hospital (or some time after that) making him the legal father of the child.

You and your ex are now broken up and you want custody of the child, but legal daddy won't let you have it unless you give him 2k.

I am sorry for your situation but the child is not your niece and you have no standing to file for custody against the legal parents of the child. Even if they were horribly unfit you have no standing because you have no recognized relationship to the child. The child would only be your niece if the child was your brother's child.

On top of that, buying a child is seriously illegal. You cannot go that route either.