getting custody of my nephew

[aemwarner]

i am trying to petition the family court for custody of my nephew. my sister has 4 children total and has lost them due to drug use and violating an order of protection cps jsut informed family members to petition since she isnt doing what she was told to do to ge them back. only problem is that his bio father will be fighting for him too but he isnt any better than her he has been in and out of jail and also uses drugs(have no way to prove that but know its true). i am 21 years old married have a steady job and have one child of my own what chance do i have of getting custody??

 

[irish223]

i am trying to petition the family court for custody of my nephew. my sister has 4 children total and has lost them due to drug use and violating an order of protection cps jsut informed family members to petition since she isnt doing what she was told to do to ge them back. only problem is that his bio father will be fighting for him too but he isnt any better than her he has been in and out of jail and also uses drugs(have no way to prove that but know its true). i am 21 years old married have a steady job and have one child of my own what chance do i have of getting custody??

Normally, the father's rights would trump other family members'. However, if his criminal history includes any violent crimes, you may have a better chance. Have you consulted an attorney?

 

[aemwarner]

i have not consulted an attorney but the father is listed as a level 2 sex offender

 

[irish223]

i have not consulted an attorney but the father is listed as a level 2 sex offender

That may not really help.

Truthfully, your best bet is to consult an attorney who knows the court system in your area. He or she will know if the local judges will consider keeping all the children together or the father's stints in prison when considering the best interests of the child.

Good luck!