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Can an aunt get custody of her nephew?
Can an Aunt and Uncle Seek Visitation Rights with their Niece/Nephews? The short answer is YES. California law confers discretion on the court to grant reasonable visitation rights to any other person having an interest in the welfare of the any other person.
How do I apply for guardianship?
Applying to become a legal guardian over someone else involves filling out a number of forms and going through one or more court proceedings….Fill out the necessary forms and documents.
- A petition for the appointment of a guardian.
- A notice of hearing.
- A duties of the guardian form.
Can someone give you custody of their child?
Child custody is a serious matter that only parents and the courts can decide. Parents can’t allocate custody to a third party without court involvement. However, parents can delegate legal authority to a family member or friend, with the intent that the person will have physical custody and care of the child.
How do I become a legal guardian for my nephew?
Obtain permission from the child’s legal parents to get guardianship of your nephew. In most cases you will need consent from both parents, or one parent if only she is available. Some cases, where there is abuse or abandonment, may not require consent of the child’s legal parents. File a petition in court for guardianship of your nephew.
How can an aunt get legal custody of her nephew?
The legal process you can pursue is petitioning the court for temporary custody of your nephew. As an aunt and uncle, you qualify as “extended family members” and can use the Petition for Temporary Custody process to gain legal custody of your nephew, which can also include child support.
What do I need to do to get custody of my niece?
To file for custody under one of these circumstances, obtain a Petition in Suit Affecting the Parent-Child Relationship form from the clerk’s office of the courthouse in the county where your niece currently lives. Include all necessary information as well as your reasons for requesting custody.