QUESTION
What are the possibilities that a relative can get custody of a minor child?
Asked on Feb 19th, 2014 on Child Custody - Idaho
More details to this question:
Child has been unofficially in my custody for a week. Mother is unable to maintain stable home life, residence and job. Currently does not have permanent residence, refuses to work. No recent investigations by CPS. Child never removed from home. Mother has primary custody with father having regular visitation. Child is a relative, and would like to know options in filing for custody before obtaining a lawyer.
4 ANSWERS
4 Awards
There may be grounds for a guardianship. Contact counsel.
Answered on Feb 21st, 2014 at 11:52 AM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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The standard in NC is the "best interests of the child". Parents are given an initial presumption that they are fit and the preferred custodian, so you would have to overcome that burden by presenting at trial all the facts, evidence, testimony, exhibits, legal arguments, etc. (with or without a lawyer, but obviously with a lawyer is always best) and the judge would decide in his/her best discretion.
Answered on Feb 21st, 2014 at 11:52 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You would have to file for guardianship. The fly in the ointment is the father. Is he capable of providing a stable home environment? If so, then the child should go to dad. If not, or if dad consents to the guardianship, then you have a pretty good case. I don't know if you want to tell dad this, but if you do get the guardianship, the child support payments should go to you.
Answered on Feb 21st, 2014 at 11:51 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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An attorney would have to evaluate the reasons why the child is in your custody and whether either of the parents are fit to care for the child. You can file for a guardianship but it would be prudent to know whether the parents would challenge you. Another option is to have the custodial parent sign a power of attorney for you to have temporary guardianship.
Answered on Feb 21st, 2014 at 11:51 AM