Utilizing AI Legalese Decoder to Navigate Custody Battles: How to Help Your Brother and His Girlfriend Gain Custody of Their Daughter
- April 30, 2024
- Posted by: legaleseblogger
- Category: Related News
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## The Situation with My Niece and Custody Battle
### Background:
I (M25) was never really close with my brother and didn’t start talking to him until he had my niece about three years ago. My brother and his girlfriend were arrested, leaving their daughter, my niece (then 2 years old), without anyone to care for her. With no other family stepping up, she was going to be placed in foster care. To prevent that, I decided to take her in and have become her legal guardian, eventually adopting her. Our bond has grown strong, and she now calls me Dad.
### Current Challenge:
Recently, my brother and his girlfriend have been released from prison and want custody of their daughter. However, their lifestyle hasn’t changed much, still involving drugs and chaos. I worry about my niece’s well-being and cannot fathom losing her. Despite this, my family is pressuring me to hand her back to her biological parents.
### How AI Legalese Decoder Can Help:
The AI Legalese Decoder can assist in understanding the legal terms and processes involved in custody battles. It can provide guidance on the steps to take to ensure the best interests of the child are met. Additionally, it can help in drafting legally sound responses to the demands from the biological parents, ensuring that the rights of the child and the legal guardian are protected. By using the AI Legalese Decoder, you can navigate the complexities of the legal system with confidence and make well-informed decisions for your niece’s future.
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****** just grabbed a
To be clear – you *legally* adopted the child?
You are that child’s parent now.
As her father, would you let her be 10 min alone with them?
From what you described, No.
Let them take you to court.
Legal guardianship =/= adoption. You’ll want to clarify what legal relationship you actually have to this child, as well as your jurisdiction, before any meaningful advice can be given.
You are the legal parent, and it is unlikely you could be forced to relinquish that right. If you gave your daughter back to her bio parents, it is likely you could get in trouble for abandoning her since you are now her legal guardian. You should ignore your family. They weren’t concerned about your daughter’s well-being when her bio parents were arrested, and they aren’t concerned about it now. They are only concerned about appeasing your brother. Do take time to make sure your daughter’s school and caregivers know not to allow your brother, his girlfriend, and your family to have access to your daughter. I would strongly suggest you consult a family therapist before making any decisions to allow access at all. Your daughter is in a stable environment now, and your brother’s release and current behavior could be damaging to her.
If you adopted, parents legal rights were involuntarily terminated or they gave them up voluntarily? Either way, they don’t exist.
For you to have adopted her. They would have had to terminate their parental rights. That is not revokable, she is your daughter.
Call the lawyer that handled the adoption for you.
This isn’t a piece of property you put in storage, then return to the original owner. This is a small human being, with feelings. Her biological parents didn’t care enough about her to stay out of prison. She’s your daughter now. If you’ve legally adopted her, there is no conversation to be had.
>Since then, I’ve become her legal guardian and have adopted her.
This is the key. If you truly adopted her, then the brother and girlfriend would have given up their parental rights and this is a non-issue. If you are only a legal guardian, you’re going to have to fight to keep her, although recently released druggies would have an uphill battle to regain custody.
You are a good soul. Thank you for being her dad.
the only person that really matters is the little girl-dont you dare let her go!! she is worth fighting for & make sure she knows it
You may need to cut ties with your family who is pressuring you to give the child back. The courts don’t work like that – I am a CASA but NAL.
First, if the parental rights were terminated and you adopted her – you’re the dad. It takes a long time to terminate and the court in not just going to give back custody because the parents want her back. They probably each had a case plan which they did not adhere to or even follow, that consisted of drug screens, parenting classes, etc. I agree with the person who said you should contact the lawyer who helped you get custody and guardianship (but I do think you need to clarify for sure that you adopted her, which I think you did.)
amusedmisanthrope gives you really solid advice too. Do not trust any family member who says you should give her back or even let them see her. You CANNOT have a relationship with him/them until they have been sober for a year and pass a drug screen. Never let them alone with her. Do not feel guilty. Seeing them or having any relationship with these people – strangers really – is not in your child’s best interest.
Sounds like they are druggies so they won’t even have the money to fight you in court, bit that they have a leg to stand on anyhow
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