Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My niece is 15 years old and nine months pregnant. She is my brother’s oldest daughter and this has been proven by DNA/Blood Test. Her mother for the past three years has consistently kicked my niece out after arguments, not caring where she stayed, and my family has tried to help by taking her in. Sometimes she would be kicked out for weeks at a time with no contact from her mother, but when she stayed with family we did not want to call CPS concerning neglect. Her mother would not provide monetary assistance, even though my brother is paying child support and has been even when his child was not with the mother. It has been a back and forth thing – she kicks her out and then eventually lets her back in. This last time she kicked her out my niece went to stay with her boyfriend and his family. My brother now lives in Tennessee and has not intervened to move her with him. My mother and I live 2 hours away and was not aware that this was going on. We tried to get guardianship over her in the past when her mother kicked her out and refused to let her come home. But when she reneged, we backed off thinking everything would be okay. Yet, this last time, she stayed with her boyfriend for three months and then got pregnant while living there. She was fourteen when she got pregnant and the boy was 15 or 16. The boy’s mother continued to let her live there and her mother did not take her back home. When our family found out about this we called Child Protective Services as my niece had been living with these people since conception through her sixth month of pregnancy. She is still living there and it has been ten months. My mother and I have been tempted to file for guardianship again but with an open CPS case, we know we cannot. We have been in contact with the Case Worker investigating the case but we are afraid that because of her age and her mother’s consent to let her continue living with her boyfriend (though she is underage and that is illegal) there is nothing we can do. We worry that CPS is letting this case ride because she will be 16 this year. But the law is the law and it has been broken in so many places. Is there anything we can do? My brother has not stepped in to protect his daughter and we desperately desire to do so. Is there any legal measure we can take to ensure that CPS will follow through with the neglect and abandonment of my niece by her mother? We also would like to file for guardianship and/or power- of-attorney over my niece and her baby.”
Question: A child over a certain age would need to consent to the adoption, and it sounds like your niece is not biting, and she is either over that age or getting there. Give her the love and support you can. You don’t need a court order to do that.
