How to Gain Custody or Guardianship of My Niece

[aramirez]

My question involves a child custody case from the State of: Colorado. My sister has a 4 year old daughter and a 3 month old baby with different biological fathers. I would like to try and gain custody or legal guardianship of the 4 year old. I'm not sure which would be best/easier, since I don't really know anything about the process to do so. Ideally, I only want to do this because I would like to provide a stable life for my niece. I'm not looking to get custody/legal guardianship of the 3 month old baby because her father is involved in the child's life, and if anything were to happen, he could care for her.

My sister has been struggling to care for her daughter since she had her. She is homeless, and has been in and out of friends, and relatives homes for years now. She does however have a job, and does receive child support for the 4 year old. Really the only thing she has is a car, and states she cannot afford an apartment. I've tried to help her apply for Section 8, but she refuses to fill out any type of Government aid because in her own words, "It takes too long."

The biological father of the 4 year old is not really involved in her life, does not physically care for her, visits her every other month or so, and only provides child support. But even with a job and child support, my sister continues to state that she cannot care properly for the 4 year old because of babysitting costs. Recently she told me she wants to send the 4 year old away to Mexico again, but my mother refuses to go through that again. I'm not sure what my sisters living situation is exactly, I just know that she stays her with current boyfriend (father of the 3 month old baby) some days, and other days with a relative. In the past she has sent the 4 year old to Mexico to live with my mother, and to Texas to live with my father, all for a couple of months, because she says she needs help, cannot care for her at the time, and "wants a break" to get back on her feet. Each time, the 4 year old returns to the same situation.

My sister has stated in the past that she does not want the 4 year old, and even wanted to put her up for adoption. At one time she even wanted me to take the 4 year old, and she stated she would sign "away her rights". At that time I said no, because I was not in the right place to care for a child. That was about two years ago. When the 4 year old was staying with my father about a year ago, there were some issues with child abuse. My niece was making strange comments, and saying things to my step mom. I notified my sister at the time, especially since my sister has a habit of leaving the 4 year old with various people/friends. My sister called the police in Colorado, and they did an investigation in Texas, which I'm not sure what the results were. I only know that my niece saw a doctor, and therapist after the events.

Anyway, ideally I would like to be able to make medical, educational, and living decisions for my niece. I don't want to have to ask for permission for traveling, medical, etc. In the ideal world, I would like to be able to continue to receive child support from the father, and my sister is possible (which I know may not happen because I'm not the legal parent). I don't mind visitation rights. My sister may not be the problem if I do go through with this, the problem will be the father. Although he realistically does not want anything to do with the 4 year old, I know he won't be willing to just give her up. He only wants to call her his own, spend a couple of hours with her, but doesn't want any responsibility for her. My sister has tried to leave the 4 year old with him, but he states he can't have her because his mom won't allow it, or he has to work. He still lives with his parents.

I've had a stable job for years, I live with my wife and her son, and she has agreed to go through with it. We would be able to provide food, clothing, schooling, but more importantly a room of her own. Any ideas, suggestions, or advice would be greatly appreciated. Thanks.

[Dogmatique]

If both parents agree, then guardianship is a pretty straightforward process.

If they don't agree, you don't have a snowball in hell's chance. So let's start there.