How to Gain Custody of Niece After My Sister's Death

[taramc1130]

My question involves a child custody case from the State of: Massachusetts

Hi..

My sister has custody of my 6 year old niece but her divorce will not be finalized until June. The father has not seen my niece in 8 months and has a history of domestic violence and mental illness (police involvement-i.e. restraining orders and DCF found him neglectful)

Anyway, my sister was just diagnosed with stage 4 colon cancer (6 months-1 year prognosis). My sister and niece have lived with me, my husband and 2 boys since May of 2014. How to I get custody of my niece? What are the chances of the father gaining custody?

Any help is greatly appreciated. Please help point me in the right direction. My sister has so much to worry about with her health and this is all she can think about. She is EXTREMELY worried about her ex getting custody because he is so unstable.

[Dogmatique]

I have to be honest - as a general rule, unless the parent has had rights terminated, that parent is the first choice for custody.

What happened with DCF?

[Mr. Knowitall]

The process of becoming guardian of a minor is outlined here. Your sister's divorce lawyer may be able to offer suggestions that would help you gain custody, if dad's not a suitable custodian.

[EA1070a]

She needs to talk to an attorney to get the ball rolling. If DCF made findings regarding dad's neglect and unsuitability as a parent that helps. Did the protective order cover the child as well?

You and your sister have absolutely GOT to work this out before mom passes away. A really good lawyer may be able to obtain an order making you and your husband legal guardians of the child due to mom's terminal illness once she is no longer able to care for her child. That may be a step towards you obtaining permanent custody.

Do NOT sit on this. you and mom need to go see her lawyer. If you have to beg or borrow, come up with the funds to cover the legal fees, do it. Get copies of any police reports, a copy of the protective order, and a copy of DCF's report.

And I'm very sorry your family is going through this.