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.Know More
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 about Child Support & Custody
To file for temporary child custody, an individual must file paperwork with the family court in the county of residence, according to FindLaw. The individual must submit an application for order to show cause that provides an explanation of why temporary child custody is being requested.Full Answer >
Individuals filing for full custody of a child must convince the court that it is in the child's best interests, reports Cornell University Law School. Courts often award full custody to a parent when the other parent has problems with substance abuse, child neglect or child abuse, states Nolo.Full Answer >
Joint custody legal forms are available for free online at various websites, including FreeLegalForms.net, Lectlaw.com ad CRCkids.org. These forms vary in their language, so it is important to read the details to ensure it covers the needs at hand. CRCkids recommends obtaining the services of a qualified attorney.Full Answer >
Grandparents have the right to petition for visitation rights if a grandchild was born out of wedlock, if one parent has deserted the child or if the parents of the grandchild have dissolved their marriage, according to chapter 752 of the Florida statutes. As of 2015, a grandparent's rights are typically limited in Florida.Full Answer >