Can the aunt of my niece and nephew receive custody if the parents are unfit? - Child Custody Law Questions and Answers- LawQA.com

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Can the aunt of my niece and nephew receive custody if the parents are unfit?

Can I the aunt of my 2 and 3 year old niece and nephew receive custody of them due to child endangerment by both parents? What are my chances? I do not take care of them either but want to.

Answer By Michael Rose
Michael Rose Attorney at Law
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Usually cases like yours goes to Children Court. There they will have social workers if you don't have one already. The case will determine who should raise the child.

Answer Applies to: California
Replied: 3/23/2012

Answer By Melvin Franke

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Yes, if you can prove them unfit.

Answer Applies to: Missouri
Replied: 3/23/2012

Grace Law Offices of John F Geraghty Jr.
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Do you have any witnesses. How strong would their testimony be and how willing are they to come forward? Do you have photographic,video, audio or other type of evidence.

Answer Applies to: Georgia
Replied: 3/22/2012

Answer By Barbara Peyton

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Any relative can petition the court for a guardianship and show why the parents are unfit.

Answer Applies to: California
Replied: 3/22/2012

Answer By H. Scott Basham

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Yes, a court can place a child with a non-parent relative if both parents are unfit. The aunt can probably file suit to do this.

Answer Applies to: Georgia
Replied: 3/22/2012

Answer By G. Wayne Hynum
Hynum Law Office, LLC
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If both parents are unfit and the Court determines that you are a fit and suitable person to have custody of the children it is possible that the Court will award you custody of the children. I cannot tell you what your chances are because I do not have enough information. If you know of facts which would show that the parents are endangering the children as your message states, I advise you to immediately call the Mississippi Department of Human Services and report it.

Answer Applies to: Mississippi
Replied: 3/22/2012

Law Office of Roianne H. Conner
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You must prove the children are dependent and the parents are unfit.

Answer Applies to: Alabama
Replied: 3/22/2012


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Yes she can. Your chances depend on what parenting factors you are able to present to the Court.

Answer Applies to: Mississippi
Replied: 3/22/2012

ROWE LAW FIRM
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This question depends on how the case is initiated. If the niece and nephew have already filed against one another in a custody dispute, a third party may intervene if custody to either parent "will cause substantial harm" to the children. The burden of proof is a preponderance of the evidence, but a showing of causing "substantial harm" may be difficult to overcome. If the family is not already in litigation, an outside party may not have standing to file a claim unless the children have already been living with them. At that point, child protective services would have to be contacted and would have to attempt to remove the children from the home. At that point a relative could seek to be a "relative placement" for the children, as opposed to their living with a random foster parent selected by the state.

Answer Applies to: Louisiana
Replied: 3/22/2012

Answer By Dean T Jennings
DEAN T. JENNINGS, P.C.
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Need Juvenile court to intervene and then place children with you until the parents get straightened out if they ever do.

Answer Applies to: Iowa
Replied: 3/22/2012

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