QUESTION
How can I get full custody of my 3 year old nephew?
Asked on Jan 21st, 2013 on Child Custody - Arizona
More details to this question:
I would love to get full custody of my nephew but my sister does not want to give up custody. She is hardly ever around, even from when he was first born. He has been with my mother and I scenes he was born. Between my mother and I have been supporting and raising him by ourselves. She is a drunk and love to party out a lot. The only time she around the house is when she is drunk passed out, or when she is getting ready to go get drunk. All of my other family members can vouch for me. That he is always with me and that she is never around. She goes out for days at a time and we can never get a hold of her if we needed to. Please give me some direction. Thank you.
6 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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A number of questions come to mind, first of which is where is the father? If your sister does not wish to give up her parental rights than the only manner in which that might happen is through a court action. It would normally start with a complaint to the department of social services regarding her parenting and go downhill from there. It will be time consuming, ugly, and expensive. You will need an attorney. I would suggest that you consider just allowing the status quo to go on, it sounds like your sister is going to self-destruct in any case which would go a long ways to solving your problem and eventually having the guardianship of your nephew transferred to another and more responsible party.
Answered on Jan 23rd, 2013 at 2:34 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can ask the court to make you the guardian. You will have to prove that it is in the best interests of your nephew in order to prevail.
Answered on Jan 23rd, 2013 at 2:33 PM
Dennis P. Mikko
Unless your sister is wiling to give you guardianship over your nephew, gaining custody would be difficult. If your sister is not taking care of her son, this may be a matter to be addressed by Child Protective Services. If CPS was to intervene, they could place your nephew with you and could, depending on the facts, move for termination of her parental rights. If her rights were terminated, you could then petition to adopt your nephew.
Answered on Jan 23rd, 2013 at 2:32 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Go to court and file for guardianship. There may be a clinic at the courthouse. Or find an attorney. There is a lot of paperwork to do and there will be an investigation.
Answered on Jan 23rd, 2013 at 2:32 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can either file to adopt, but you need to terminate parental rights first. Many steps in doing that if the natural parents do not consent. You can also file for guardianship, which is easier than adoption because youdo not need to terminate the parental rights of the natural parents. There is permanent guardianship also. If only guardianship you can then file for child support from natural parents. You can get both packages from family court and there is a resource center available if you cannot afford an attorney.
Answered on Jan 23rd, 2013 at 2:32 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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You can consider filing for guardianship however the mother would need to consent. Alternatively you could file a dependency petition and attempt to obtain physical custody that way. I would suggest consulting an attorney for more details.
Answered on Jan 22nd, 2013 at 2:53 PM