How do we go about getting full custody of my nephew if his parents are drug addicts? 26 Answers as of January 03, 2012

File an action in the courts for guardianship. Get all evidence that you have to show that the parents are drug addicts. The judge could order them to rehab and if they become clean he can return the children to the parents.

There are options available to non-parents in circumstances such as those you described including seeking guardianship of the child or custody. It may be that the State is already involved based upon the circumstances as you describe them and that might also provide a way to obtain custody.

If there is no existing Paternity Case between the parents (in which you could file a Motion for Joinderas a party to seek custody), you should file a Guardianship action.

You need to file a petition for custody of the children or at bare minimum guardianship of them. You will have to show the court that you are able and willing to care for the children and that it is in the best interest of the children that they reside with you rather than their parent(s).

You should file either a guardianship action, or a CHIPs petition and prove to the court that the biological parents are unfit, which can be very difficult and is very fact specific. If the parents will agree to you having custody of the child you can also enter into a temporary custody order, or a voluntary guardianship. You should consult with an attorney about these options and your chances for success in your area.

Third party custody is never simple. First, even if the parents are inappropriate and endanger the children, child protection laws are designed to remediate the danger and place the children back with their biological parents. You may serve and file a Petition to seek third party custody, but doing so would require significant documentation of endangerment.

If you have had actual physical care, custody and control of the child for at least six months, you have the right to sue for custody. If not, you can either wait, get your sister to assign you the right to sue for custody, or simply ask the brother-in-law if he has an issue with agreed custody papers so that you can take the child to doctors, school, etc. He may even agree. If not, you have to get the right to sue him first.

You may be able to file a custody case in court. However, the court may assign a Guardian Ad Litem and possibly other evaluators to determine if the child is in danger and what family suits the best interest of the child standard. The court system is not designed to remove children permanently from their parents unless extreme issues are happening. In some cases, the court may place the child temporarily with relatives until the parent proves he has improve herself/himself and is ready to take responsibility as parent(s).

You would need to file a petition for either a guardianship or adoption if you want to get custody of your nephew.

The only way to get custody of the child is for a guardianship to be established with you as guardian. The mother would have priority. You would have to establish that the mother was unfit and no other blood relative was unfit or unwilling to be the guardian.