How do I get custody of my brother's son? 21 Answers as of November 14, 2011

My brother gave me his son to take care of because they are homeless and on drugs. How do I get custody?

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Alfred Law Firm
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
Replied: 11/14/2011
Buselmeier Law & Associates, PA
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
Replied: 11/11/2011
Law Office of Michael W. Bugni
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
Replied: 11/11/2011
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
File a petition for custody in Family Court. If the parents consent to this, it is a very simple matter to get a judge to issue a Stipulated Order of Custody granting sole custody to you.
Answer Applies to: New York
Replied: 11/11/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You would need to file a petition for guardianship and serve those pleadings on both mother and father.
Answer Applies to: California
Replied: 11/11/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    You have to petition the court for custody and you will have to notify the mother as well as the father of the petition. Another option is guardianship
    Answer Applies to: Illinois
    Replied: 11/11/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You must commence a third party custody action. Such an action would require meeting the jurisdictional requirements and serving both parents with the action.
    Answer Applies to: Minnesota
    Replied: 11/11/2011
    Bruning & Associates, PC
    Bruning & Associates, PC | Kevin Bruning
    You may not be able to obtain custody, but you may be able to obtain a guardianship.
    Answer Applies to: Illinois
    Replied: 11/11/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    You have to file a petition for custody, but that would require both the mother and father giving up their parental rights. You may want to file for guardianship.
    Answer Applies to: New York
    Replied: 11/11/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You get the mother's cooperation too, and then get a lawyer.
    Answer Applies to: Georgia
    Replied: 11/11/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    You should file for guardianship.
    Answer Applies to: California
    Replied: 11/11/2011
    John E. Kirchner, Attorney at Law
    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
    Replied: 11/11/2011
    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
    Replied: 11/11/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Now that you have actual physical custody, you file for custody papers with a court just as a parent would.
    Answer Applies to: Texas
    Replied: 11/11/2011
    Law Office of Andrew E. Teitelman, PC | Andrew E. Teitelman
    You may consider filing for guardianship, or possibly custody based on an emotional parent relationship. You should consult an attorney to explore these options.
    Answer Applies to: Oregon
    Replied: 11/11/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You can file for guardianship.
    Answer Applies to: Michigan
    Replied: 11/11/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    You will need to file a petition for custody. You will need to hire an attorney to assist you in gaining custody.
    Answer Applies to: Alabama
    Replied: 11/11/2011
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