An individual can attempt to establish guardianship of a nephew by obtaining a family law attorney and filing a petition with the court. Consent of both parents, submitting to a home inspection and a criminal background check may be required, according to FindLaw.
The laws to gain custody of a child who is the petitioner's nephew vary from state to state. The individual may need to get a letter of consent from the nephew's parents or establish that abuse exists in a court of law, according to FindLaw. Once the petition is filed with the courts, the child and the potential guardian may be interviewed, as well as family members associated with the child. The court may also order background checks and home visits and inspections to establish what is best for the child. A legal guardian must be at least 18 years of age.
During a hearing or court deposition, the individual may be asked to provide reasons why guardianship is desired or examples of how the parents or parent of the nephew is unfit. A written statement may be required, according to FindLaw. If custody is granted, the guardian signs an oath or vow to provide and care for the child in a healthy, happy environment.Learn More
Children generally may not refuse visitations with parents; courts make exceptions only if visitations are not in the children's best interests. Typically, courts at the local, state and federal levels give visitation rights to non-custodial parents. They allow parents no longer living with the children to visit at scheduled times, provided visits do not pose physical or emotional harm to children, and require visitations for specified periods of time.Full Answer >
Texas law deems child custody as a conservatorship, which means a parent is referred to as a conservator instead of a custodian, according to FindLaw. Texas law stipulates that a judge must determine the terms of a conservatorship unless both parents agree on a custody plan in writing.Full Answer >
Attorney Gregory S. Forman explains that at a temporary custody hearing, the court uses affidavits, pleadings and financial documentation to determine the short-term custody arrangement between parents. If one of the parents can prove extenuating circumstances, the court may also allow testimony to be heard during a temporary custody hearing. The temporary custody order is in effect until a permanent custody arrangement is determined at trial.Full Answer >
Child maintenance or support is paid until the child reaches the age of 21, according to NOLO. Child support involves paying for the child’s health insurance, education and medical expenses.Full Answer >