How Do I Get Custody of My Niece if She Lives in a Different State

[mrs.james]

My question involves a child custody case from the State of: Kansas.... How do I get custody of my niece who is 12 and is currently in Kansas and I in Nevada. She was removed from her mother by her grandmother but does not want to be with her she wants to come with me? so how do i go about getting her?

[aardvarc]

Where is the father?

WHY was she removed by the grandmother? If the grandmother is fit to care for the child, then the child goes where mom says or allows.

Does the mother still have LEGAL custody of the child? (Did any of this go through the courts?)

Are both parents willing to participate in and bless you becoming the child's legal guardian? If not, you'll be in for a lengthy and expensive fight, IN Kansas. To whit..

Unless the mother is found to be unfit, the child will not be legally separated from the mother, even if another relative is currently housing her. If the mother IS found to be unfit, then child services will work a case plan with the goal of reuniting the child with the mother after the mother addresses whatever issues are present. If the mother fails to do so, THEN the state will look into termination of mother's rights, with father being first in line. If father is unavailable or unfit, then they'll look to whomever has been the primary caretaker if they are willing to adopt. You will be far down the list, and you will not be considered as a candidate until other options within the state are exhausted. If the state has to step in to remove the child for cause, they have legal obligations to protect the child. If the family courts step in for temp custody (while mom gets a chance to work a case plan), same thing happens in that they will need to keep the child within their legal reach by keeping the child IN Kansas. Only if parental rights are terminated AND you successfully petition for guardianship, against all other seekers, will the court be able to relinquish the child.

It's not as easy as "she wants to come with me". The legal parent(s) stay the legal parents until a COURT changes that situation, which doesn't happen quickly or easily, and most importantly, without legal CAUSE for the court to do so. The child wanting to live elsewhere doesn't do it. Either the parents give permission for her to do so (a permission they can revoke at any time), or the court finds reason to remove the child (and keep her in the state, as outlined above). No matter which of several possible ways it could play out, it's not going to be a fast process (many months at least) and you'll have many challenges being out of state. You need to consult with an experienced family law attorney in Kansas.

[mrs.james]

Ok my nieces grandmother just recently had her removed from her mother by the state so the grandmother has temp custody... And her father is my brother who is deceased... And the mother of the child plans to have my niece removed from the grandmother for the same reasons or simular that she was removed from her.. So if the state has her how would i get her then and since she was removed from her mother does her mother have any say so in giving her to me?

[Mr. Knowitall]

Are you stating that this is an in-family foster care placement, with the child being a ward of the court due to neglect by her mother?

[aardvarc]

The grandmother may have made a report - but it's important that you understand that grandma didn't HAVE the child removed by the state. The state doesn't take their directions from family. The state investigates reports, and if the investigation indicates that removal is appropriate, the state takes that action of it's own accord. Similarly, the mother of the child "planning" to have her removed from the grandmother means nothing. The state doesn't do what mom plans, they do what an independent case plan indicates after an investigation looks at the situation. The family members here don't have nearly the level of power that you or they think they do. The have the power to report a problem. That's about it. Same as any friend, neighbor, pastor, teacher, or homeless guy under the bridge could report a problem.

Sadly, too many families wait to address problems until the state steps in. Family dealing with issues of custody and guardianship need to get on the ball with such things while they still have the ability to make decisions or go to the court to seek rulings. If that doesn't happen, and things get so far out of whack that the state has to step in to intervene, then the state will determine what happens with the child. Once parents or guardians have mucked up their responsibility to the child so the degree that the child is removed from them, their decision making ability regarding that child counts for about zero.

Are you stating that this is an in-family foster care placement, with the child being a ward of the court due to neglect by her mother?

Sounds like. My read is that the grandmother made a complaint, the state removed the child from the mother, and gave the child, temporarilty, to the grandmother. Sounds like there is suspicion that mom will try to make the same or similar complaints against the grandmother. (Guess mom doesn't understand that her credibility is in the trash at this point).

OP, at this point, the child has been placed by the state. The child won't be placed outside the state until and unless there are no other issues to resolve AND you have been awarded guardianship of the child (so long as the state is involved, the state will keep the child within the state's legal "reach"). What happens now all depends on what, if any, case plan is set out for mom and how mom complies. There are a bazillion possibilities - but seeing which way mom goes with attempts to get the child back will set the stage for any potential future happenings or reassignments of the child. But because you live out of state, beyond the reach of the state now responsible for the child, you will not be a candidate for guardianship unless mom's parental rights are terminated.