Is it possible for either my mom or me to get custody of my niece?

Q: My mom and I have taken care of my 2 year old niece since she was born. We provide and care for my niece completely. My sister also lives with us and has sole custody of her daughter but has not been able to provide for her daughter ever because she refuses to work and is mentally unstable. She was reported to CPS once about an incident that happened when we weren’t present but they dropped the case since my mom and I are present in the home it’s safe for my niece as long as my sister gets help. We never leave my sister alone with her daughter because she is unstable and negligent. She also has stopped taking her meds which were helping a bit. my sister is now 6 months pregnant and her new boyfriend is now threatening us, attempting to assault and stalking us and my sister is putting her daughter and our lives in danger by being with him. He is very dangerous and we are worried for our safety and want to move but not leave my niece with them. If we have been taking care of my niece completely since the beginning is there anyway we can get custody of my niece?

A: If the child’s already in your de factor custody, then you’d appear to have a good case based on what you’ve stated. It’s better for the grandmother to file for custody in this situation. Schedule a consult with a Bronx Child Custody Attorney for a full assessment.