What do I need to do to get temporary custody of my niece?

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My niece was removed from her parents due to drugs. I live in another state but the closest relative. I am young, children of my own and can provide the child with everything she needs. Right now she is staying with a great grandmother in her 80's of an older sibling and she is tired of taking care of other people kids. Especially since they are not doing what they are asked to by the courts. I just don't want my niece to get lost in the foster system. Please help.

Attorney Answers

2
Brendan Daugherty ·
Contact a family law attorney where the case is pending and ask about moving for temporary custody. Or, in the alternative, contact the social worker involved in the case and ask about having temporary custody transferred to you. Some judges may be hesitant to grant temporary custody to a family member living out of state unless visitation with the parents can be arranged, but you can always ask.
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Nicole Prebeck ·
If the case is here in Lexington, I strongly suggest contacting the social worker AND contacting social services in your state. The reason--if social services here in KY is willing to look at you as a potential custodian, since you live out of state, they will have to do an interstate compact request--basically asking your state's social services to conduct a home evaluation and provide a recommendation as to your fitness as possible custodian. This can take 6-9 months to complete (because the government doesn't do anything fast). But if social services in your area knows this may be coming down from KY, they may be willing to get some preliminary information from you that could shorten the time. Our judges in Fayette Co usually want this process completed before transferring custody out of state. Another option may be to contact the GAL (the parents should know who this person is...and the social worker will know but will need a release from the parents to tell you) as they don't have to go through all that red tape and may be able to assist and file motions on the children's behalf. You may also want to retain your own attorney to help--if everyone is in agreement (parents, current custodian, etc) that would help and perhaps an agreed order could be filed.
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