How can I gain custody of a child? 14 Answers as of November 09, 2011

My boyfriend has asked me to get custody of his son. The boy is presently living with his aunt but the aunt no longer wants the boy because he is rude and disrespectful. If the child is pulled out of the aunt's home he will certainly be put back into the system. I would like to prevent it. What measures should I do?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Why won't the boyfriend (father) do something? Okay, you need to get him to move on this or file a motion with the court and if the Aunt agrees, take custody with the B/F-Father in support.
Answer Applies to: Texas
Replied: 11/9/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The answer to the inquiry would require a review of the facts of the case, including how the current custodial placement occurred. You should speak with counsel in your State.
Answer Applies to: Minnesota
Replied: 11/7/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
The first question that occurs to me is: Why isn't the child's father or mother seeking custody? If there is an agreement to have you take custody of the child, then, it can probably be accomplished. However, if there is not an agreement, then, it will likely be difficult and expensive, if not impossible. Regardless, you are probably need an attorney to help you jump through all the necessary hoops.
Answer Applies to: Washington
Replied: 11/7/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
If you are not the biological mother, you can do nothing. It's all on your boyfriend. .
Answer Applies to: Michigan
Replied: 11/7/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
The easy answer is file for an adoption. If the child is related to you, you might not need a home study done. Otherwise, a home study would be required and you will need consent of the parents or notice to them of you filing for adoption. If he is given to the State, they will also look for someone to adopt while he remains in foster-care.
Answer Applies to: Nevada
Replied: 11/4/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    You can seek guardianship of the child but the courts will ask where the biological parents are and why they are not caring for the child.
    Answer Applies to: Illinois
    Replied: 11/4/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    First, remember the person asking you for help is a boyfriend. What if he leaves after you have custody? Think long and hard if you wnat to commit to the pain of having custody over a "(R)ude and disrespectful" child. If you still are determined to go ahead, contact a domestic relations attorney for guidance.
    Answer Applies to: Ohio
    Replied: 11/4/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Your boyfriend needs to do something, not you.
    Answer Applies to: Washington
    Replied: 11/4/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    The answer depends on your legal relationship with the child. You could adopt the child. You could file for guardianship or custody. You could be a foster parent. Without more information, it is hard to say.
    Answer Applies to: Oregon
    Replied: 11/4/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    You could petition to be his guardian with the consent of the parents.
    Answer Applies to: New York
    Replied: 11/4/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    The only one who can obtain custody of the child is the biological father or an immediate family member, and you are neither, unfortunately. Why doesn't your boyfriend just file to obtain custody of the child himself? And where is the biological mother in the picture? She has rights as well.
    Answer Applies to: Florida
    Replied: 11/4/2011
    Bruning & Associates, PC
    Bruning & Associates, PC | Kevin Bruning
    Your boyfriend should attempt to gain custody of his son. If your boyfriend is not in a position to gain custody of his son, then you can file a petition for guardianship of the boy.
    Answer Applies to: Illinois
    Replied: 11/4/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | Cara Lee Thompson
    Your boyfriend needs to file a complaint to establish paternity seeking full legal and physical custody of the child. Since you are not the biological mother of the child, you may wish to consider adoption, and you should consult and attorney with regard to this aspect of this matter.
    Answer Applies to: Massachusetts
    Replied: 11/4/2011
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