We have a 2 year old great niece ,That since the day she was born has been with us usaully 6 days out of the week ,she goes to her Mother's the other time .She has a room at our house ,her own things and we love her like ours. The thing is her MOther does do drugs and her boyfriend DOES sell them from their apartment .Lately her mother has been getting her more and we are scared of what is going to happen to her. We have NO idea of where to start in order to get custody or guardinship of her .Could someone PLEASE help???

I have a few questions. Where are the child's grandmothers or grandfathers? Is the boyfriend the father of the child? If not, where is the father of the child?

The reason I am asking is that the grandparents (both the mother and the father's parents) and specifically the natural father would have priority in custody over you as a great aunt. This may or not come into play for you if these persons are dead, unfit, or whereabouts unknown. You may be able to present a case on the basis of being the de facto parent to the child. You would also have to prove your allegations to the court. Do your niece or her boyfriend have any criminal convictions? Are there any police reports involving drugs or violence? Has there been any investigation involving either the niece or the boyfriend? Have either of them been convicted of child endangerment?

Per Alabama Law:

3.1. Custody as Between a Parent and a Third Party
A child’s natural parent has a prima facie right to the custody of that child. When a third party seeks to obtain custody over a parent’s objections, he or she must prove that the parent is unfit for parenthood. The presumption is overcome, however, by evidence of neglect or abuse on the part of the parent. And the presumption no longer applies when custody has already been awarded to a non-parent, either because the natural parent voluntarily gave up custody or because the court awarded it to the non-parent. In this case, the natural parent must show that a change would materially promote the child’s best interest.




I wish you well and give the little one an extra hug.

Thank you for your reply! This is the thing , there is a father but it is not the boyfriend and the father is NOT in the childs life .He has seen her maybe 5 times by HIS choice .
I was with my neice when my great neice was born by c-section , I cut the cord , I have taken her to the DR. , My husband and two kids have been here family . We stay up with her at night , We are trying to teach her right from wrong. She has her own room with us with her own bed , own clothes and ect. .
We went to pick her up from her Mother's this past friday (her mother nor boyfriend have a car) and we witnessed several drug transactions take place ,with the child no more than 10 feet away .People are in and out of their apartment at ALL hours . It is no place for this sweet child to grow up in . The boyfriend and the mother have a very abuseive relationship between themself .But the mother sees no wrong in the way she is living with the child.

My huband and myself are beside ourself because we do not know waht to do . I pray EVERYNIGHT to proctect her , and to help us figure out the best act .