QUESTION
Can an aunt get child custody and how would that happen?
Asked on Apr 24th, 2015 on Child Custody - Wisconsin
More details to this question:
Is it even possible for someone to get custody of their sister's baby? My sister is a single mother and the baby is not in a good environment. My family is worried about the child and we want to do something. What can we do?
10 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You can file a third party custody action in which you allege that neither parent is a fit parent. To succeed, you have to show substantial evidence of the parents lack of fitness, not just disagreement with the quality of their parenting or life style differences.
Answered on Apr 30th, 2015 at 3:08 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Take preventive action, e.g., take parenting classes, pursue any necessary psychotherapy, be and document being a great parent, and avoid conflict with child(ren) and the aunt. The aunt can get custody only to prevent harm to the child(ren) but can cause a lot of grief trying and failing to get custody.
Answered on Apr 30th, 2015 at 3:02 PM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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Yes, an aunt can get custody but it is difficult and can be quite complicated. Usually, if Child Protective Services has not already intervened and tried to place the child with a third party then the Aunt would either have to intervene legally in a ongoing custody dispute or start a custody action from scratch. In either case, the Aunt would have to start by showing both parents either (a) unfit or (b) having acted inconsistent with their constitutionally protected status as parents. Once the parents are shown to be unfit or having done something (like sign over custody to a third party) that waives their protected rights, then the Aunt could begin arguing that the child?s best interest is to be placed with her.
Answered on Apr 28th, 2015 at 9:40 AM
Family Law Attorney serving Topeka, KS
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Williams Family Law
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If your sister would be open to it, it is possible for her to consent to a guardianship so that the child may live with you. If she is not open to this, your could either start a private child in need of care action or you could call the Department of Child and Families so that they can begin an action against her.
Answered on Apr 27th, 2015 at 9:16 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Its possible but not easy. You will need to prove extraordinary circumstances as to why its in your niece's best interest to reside with you and why the child's mother is unfit.
Answered on Apr 27th, 2015 at 7:34 AM
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You may be able to file for a guardianship if the circumstances rise to unfitness. You should consult confidentially with a qualified family law attorney about your options.
Answered on Apr 27th, 2015 at 6:53 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It is very hard for an aunt to obtain legal custody of a child if the mother and father are alive, and if the grandparents are in good enough health to exercise custody.
Answered on Apr 24th, 2015 at 9:50 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You can seek out a guardianship.
Answered on Apr 24th, 2015 at 9:50 AM
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Yes, it is possible. The aunt would have to prove that the child will sustain substantial harm if the child continues to live with the mother in order to get custody.
Answered on Apr 24th, 2015 at 8:32 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You can file for a guardianship of the child. You have to prove that mom is unfit to care for the baby.
Answered on Apr 24th, 2015 at 8:06 AM