Legal Question in Family Law in California
Im worried about my baby niece shes at the tender age of 1. Her mother is currently in a dometic violence relationship with sadly my brother. He has a long history with the law . he is mentally unstable. He uses drugs .. Meth weed and hes an alcholic. He has admitted that sometimes he feels like slamming my niece against the floor. He is not embarrassed to humiliate his gf or abuse her in public as she has told me all the times in thr past and now that shes abused her. When she was 5 months pregnant he punched her in stomach causing her to have a miscarriage. She has slapped my baby niece out of frustration. I believe that she has an active restraining order against him but she says she loves him and refuses to leave him. But my concern isnt her its my baby niece. I know that the law says that unless my niece is soaked in her own blood i can't do much. But id hate myself if i didnt try. And no I do not want to get cps involved or the police I do not want my baby niece in the system with strangers.what can I do as an aunt to get some sort of custody. Or at least temporary custody until parents receive psychological help. ( my baby niece is ALWAYS getting sick when she is with them..she has even gotten yeast infection and she is always constipated etc.)
1 Answer from Attorneys
I'm afraid the law is set up that you must go through CPS and/or the police in order to remove a child from its parents. If you can demonstrate to CPS that you would provide a good home for her, however, they do generally favor placing a child with a relative rather than a foster family. It's better for the child and saves them money. Your niece's life is in danger if all you say is true, and if she survives her future mental health is almost guaranteed to be ruined. Better even that she wind up in foster care than that, but if you have a good home for her there is a good chance she can be placed with you. Call CPS before it's too late and her blood is on someone's hands.
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