About 5 weeks ago my niece who had spent the summer with her mother went home to her father in Florida. Her 3 step-siblings who were to be on the same plane were held by emergency custody here in Indiana as one of them filed sexual molestation charges against her step-father, my nieces biological father.

Pending investigation, the State of Florida took emergency custody of my niece and her half sister who were at that time in the house. Before the custody was taken I had notified the case worker of my availability to care for my niece while the investigation was going on. My sister who has joint custody, NCP was at the time unable to care for her as she was without a job or home, staying with a friend.

The State of Florida however did not notify her of the hearing to take custody. She learned of it the day it happened.

My sister wants me to get custody of her daughter to be able to provide a stable environment for her and is willing to do whatever it would take to make this happen.

The Father had a no contact order against him and temporary gaurdianship was given to the step-mother. She allowed the father in the home and to have contact with the children. On 9-7-2006 the children were removed from the home and placed in a foster care home there in Florida.

What can I do to get my niece here? She is 16 and wants to come live with me. The original custody was determined in the State of Indiana. My understanding is that a state cannot assume custody as Florida has done without first allowing the other parent the right to their child. This was not done. The case worker stated that he "really didn't want her to leave the state until after her father's guilt was determined." This could take years and I cannot believe this is legal to hold a child from their family this way.

Please advise what I can do to bring my niece home where she is safe and secure.

About 5 weeks ago my niece who had spent the summer with her mother went home to her father in Florida. Her 3 step-siblings who were to be on the same plane were held by emergency custody here in Indiana as one of them filed sexual molestation charges against her step-father, my nieces biological father.

Pending investigation, the State of Florida took emergency custody of my niece and her half sister who were at that time in the house. Before the custody was taken I had notified the case worker of my availability to care for my niece while the investigation was going on. My sister who has joint custody, NCP was at the time unable to care for her as she was without a job or home, staying with a friend.

The State of Florida however did not notify her of the hearing to take custody. She learned of it the day it happened.

My sister wants me to get custody of her daughter to be able to provide a stable environment for her and is willing to do whatever it would take to make this happen.

The Father had a no contact order against him and temporary gaurdianship was given to the step-mother. She allowed the father in the home and to have contact with the children. On 9-7-2006 the children were removed from the home and placed in a foster care home there in Florida.

What can I do to get my niece here? She is 16 and wants to come live with me. The original custody was determined in the State of Indiana. My understanding is that a state cannot assume custody as Florida has done without first allowing the other parent the right to their child. This was not done. The case worker stated that he "really didn't want her to leave the state until after her father's guilt was determined." This could take years and I cannot believe this is legal to hold a child from their family this way.

Please advise what I can do to bring my niece home where she is safe and secure.
I'm very sorry, but the state of Florida will NOT allow any child that is in the state's care and responsibilty leave the state of Florida. The ONLY way that you'll even have a slim chance at temp. custody is if you move to Florida. Is there any other family member already living in Fl. who can take temp custody? If so, that person needs to contact the state to see about custody.

Is your sister the mother? If she is, does she live in Fl? Usually the other parent will be notified, but from what you've stated, my guess is that she wasn't notified for a couple of reasons: 1. she lives out of state, 2. the state had no way of contacting her or possibly 3. if the state did know of her circumstances, the state will never give custody to a parent that is homeless and unemployed outside of the state.

I'm sorry, there's nothing you can do short of moving to Florida.

The child's mom would have to claim the child. You may have to provide her-the mom- a place to live. (She may have to provide a copy of the joint custody to DCF and perhaps appear before a judge). Once the child is in Indiana have your sister sign over temp. guardianship.
The caseworker may want her to stay in FL if she is a victim or a witness. IF the case worker is not very agreeable, ask for a supervisor.
IF nothing is working try to talk with an atty in your state to see if they have any legal suggestions, such as modifying the custody agreement (to full custody of the child).