Wednesday, July 10, 2013

My husband & I Would like to get custody of my 10 month old niece, of whom we believe the mother unfit. How would we do that ?

Q:  The mother (my younger sister) does not work, uses very foul language around the children, carts the children around at all times of the evening to different peoples homes, one of which the baby was bitten -from head to toe by bugs. From what I have been told by my other siblings, she is not even up to date with the child's doctors appointments. Before the baby was born, she asked us to adopt her, and we declined. On the grounds that we did not think it right, and that we believed she would try to do her best in regards to the child. Which to date, she has not. My husband and I have tried to do what we can for the child, i.e: buying her clothes, food, formula on occasion, and feeding her (since her mother was trying to keep her on formula only, until the baby was 6 1/12 months old).

A:  You should file a petition for custody. Be aware that this is a tough case to prove if she contests, as you have to prove with admissible evidence (not hearsay) that she has "persistently neglected" the child. For a full assessment of the situation, I advise you to schedule a consultation with a Bronx Child Custody attorney.  -- David Bliven, Bronx Child Custody attorney (

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