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
Establish legal guardianship of a child by filing a petition with the court, says FindLaw. The petition should state an interest in obtaining guardianship and should be accompanied by a letter of consent from the child's parents.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 >
According to the 7th Judicial Circuit Court of Clay County, Mo., custody is a legal arrangement made by the court for the parents of a minor child. Guardianship is a court-ordered arrangement for the care of a minor child by a qualified third party. Guardianship is assigned to a qualified adult when a minor's parents are unwilling or unable to fulfill their obligations as parents.Full Answer >
The purpose of a child custody letter is to provide evidence to the court or mediator that the parent seeking custody is fit, according to LegalZoom. Fitness generally indicates that the party can act for the best interests of the child.Full Answer >