Alfred Law Firm | Janice Alfred
You simply need to petition the court for custody and show that the parents are unfit and that awarding custody to them will harm the child. With these facts, I think you may have a good chance of success. It would be even better if you could get the parents to consent to you obtaining custody.
Answer Applies to: Georgia
Buselmeier Law & Associates, PA | Theodore W. Buselmeier
A third-party custody Petition will need to be filed with the court. After proving that you have a prima facia case of third-party custody claim, a trial will be held to determine the best interest of the child
Answer Applies to: Minnesota
Law Office of Michael W. Bugni | Jay W. Neff
You would have to file a third party custody action. If both parents agree that you can have custody of the child, then, it should go relatively smoothly. However, if either of the parents disagrees or refuses to cooperate, then, you are going to have a much more complex case on your hands. This is because for a third party to get custody over the parents would require a showing that both parents are unfit to have custody of the child.
Answer Applies to: Washington
John E. Kirchner, Attorney at Law | John Kirchner
In Colorado you have to file a Petition for the Allocation of Parental Responsibilities and you will need the consent of both parents. You can file only if you have been the primary caretaker and the child has lived in your home for at least 6 months before you file. You need to consult a lawyer.
Answer Applies to: Colorado
Reza Athari & Associates, PLLC | Seth L. Reszko
Nevada law generally grants custody only to the parents, but there are certain exceptions to granting to other family members without their consent, and one of the factors considered by the Courts is that your nephew is living with you. If the parents consent to your custody, the Court should grant that more easily. You might also want to consider adoption or legal guardianship. Keep in mind, with adoption, the parents would be consenting to the termination of parental rights to their son. I would recommend hiring an attorney. If you cannot afford an attorney the Family Court has a Self-Help Center to assist you with the forms to file.
Answer Applies to: Nevada