Legal Question in Family Law in Maine
I want custody of my orphaned niece
My brother Doug was living with my best friend in the whole world Cheryl for 7 1/2 years She had a daughter from a previous relationship Nicole who is now 11 Doug and Cheryl had a daughter together Samantha who is now 6 I have a 6 yr old a boy an 8 yr old girl and a 12 yr old girl Doug got depressed and committed suicide Dec.2 1999 4 months ago. March 15,2000 Cheryl was struck by a car and killed We were all very close and I know they would want those kids well cared for I want to try for custody atleast for Samantha as I know that Nicole has no blood relation But Cheryl's mother an elderly woman says she is keeping the children in the city Portland in an apartment What do I do where do I begin? do I have any chance of custody? I am a 37 year old stay at home mom school volunteer an active member of PTA my kids are in scouting sports band they are high honor students We live in the country on 16 acres of land with a small farm Our house will be paid off in May 2001 so that we will build on an addition of extra bedrooms My husband a woodsman works hard 6 days a week he is 46 and we raised his two daughters from 5 and 9 now 22, and 26. we are not rich but noone goes without Please tell me what to do, and if I have any chance.
2 Answers from Attorneys
Re: I want custody of my orphaned niece
I am in Ohio, not Maine. But if were the judge, I'd give you both kids. You sound like the Waltons. The other attorney who responded is correct in the advice she gave. I would just like to add that, at least in Ohio, and most states, in this situation, the court is going to look at a number of considerations including, whether or not it would be in the children's best interest to separate them(and there are situations where the court may consider non-relative placements). It will also look at the closest relatives (parent for example) first and then look further out. Many judges are going to look extremely favorably on your lifestyle. I wasn't entirely joking with my opining crack.
Otherwise, contacting a local attorney to at least run the facts by him/her is a good idea.
Re: I want custody of my orphaned niece
I assume Nicole's biological father wants Nicole. Or do you not want to break up the kids. Anyway, you really need to contact an attorney in your area. This can get very complicated. If you can not afford an attorney check with the bar association in your state and ask if they have attorneys that will work pro bono (free) or at a lower cost. You can either file guardianship action or adoption. Good Luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
