QUESTION
Is there a way I can get custody of my nephew without my brother or neice agreeing?
Asked on Jan 27th, 2017 on Child Custody - Massachusetts
More details to this question:
My 12 year old nephew is now in a foster home because his mother is in a hospital declared incompetent, my brother has legal say to what happens next but he has never met him I was also told that my niece would be the next person to be considered to take him but she's 21 and has 3 kid and also lives with Meach right noe. My nephew has lived with me and been part of my household and even attended school in my city. What are my legal rights? Should I have a lawyer?
1 ANSWER
Dear Anonymous,
The answer is dependent on whether or not DCF has custody of the child. Based on what you have said, it appears DCF has custody. If DCF has custody, then you will have to petition DCF for custody. If they do not have legal custody, then you will have to file for a guardianship.
Answered on Jan 28th, 2017 at 10:16 AM
Wyckoff Nissenbaum 617-466-6620 somervillelawoffice.com