i wanted to ask about legal right, my brother has a baby girl 6 years old, her mother died when she was only 12 days old died of heart attack but both parents were not married only common law relationship, and all the time my mom and i took care of her until now, the problem is this my brother was married and he went to the U.S but his daughter is still on my care. the stepmother had an attitude, all this happen when she took her at her home and make her homework, when my niece didnt do or obey her she have a punishment of 1 hour facing the wall standing up or sometimes not given her food. and the argument happen there.
now jan 19 she when to my moms house and she wanted to take my niece, so my mom said yes. days gone by jan 22 early morning i called her to tell her that bring my niece back at the house because she still in medication, but the step mom refuse to give her, so i went there with my mom and the late family of the first mother of my niece with the help of the police and barangay to recover her.
now my question is this, all of this trauma that happen to my niece would the grandmother of the child would have still have a legal right to be a guardian because my brother didn't assigns anybody who will be the guardian, now my question for the step mom if she is have a legal right too?.
i really dont want her to be on her step mom because im scared that might be more happen to her (my niece).
help me please i need advice and i will be going also to DSWD to seek advice and research about family code also.