QUESTION

What can I do to make sure he stays with me?

Asked on Aug 12th, 2013 on Family Law - California
More details to this question:
My sister died in a car crash about 2 months ago. I have her 8 year old son. My sister’s boyfriend wants to take him from me and it would be bad for my nephew.
Report Abuse

5 ANSWERS

Accidents Attorney serving Blue Springs, MO at Blue Springs Law Office LLC
Update Your Profile
Your sister may have named a Guardian for her minor child in her Will, if she had one. If not, you should contact a lawyer to initiate guardianship proceedings in the probate court of your county. However, the child's biological father has superior rights to custody and would be the boy's presumed custodian. There are many facts that might overcome that presumption, however, which may leave you in a good position to petition for guardianship. You did not say whether your sister's boyfriend is the child's father, but whoever the father is would have to be notified of any guardianship proceedings.
Answered on Aug 20th, 2013 at 9:22 PM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
All you can do is file for guardianship. Understand, unless the dad will be a danger to the child, one way or the other, it will be difficult to keep the child from him. Be prepared for a battle.
Answered on Aug 20th, 2013 at 9:22 PM

Report Abuse
The quickest way is to petition the court for guardianship. Once you have guardianship, you can petition the court for custody at a later date. You can always go straight for custody, but it is a longer process, which is why I suggested guardianship first.
Answered on Aug 20th, 2013 at 9:22 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
You will have to go to court to enforce your desires and that will be an uphill battle.
Answered on Aug 20th, 2013 at 9:22 PM

Report Abuse
Your only recourse would be to file to become the child's guardian. In the absence of a guardianship, the only people who have legal custody of a child are the parents of the child, not grandparents or siblings of the parents.
Answered on Aug 20th, 2013 at 9:21 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters