What can I do to make sure he stays with me? 8 Answers as of August 20, 2013

My sister died in a car crash about 2 months ago. I have her 8 year old son. My sister’s boyfriend wants to take him from me and it would be bad for my nephew.

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Ellis & Abouelsood | John Danelon
Your only recourse would be to file to become the child's guardian. In the absence of a guardianship, the only people who have legal custody of a child are the parents of the child, not grandparents or siblings of the parents.
Answer Applies to: California
Replied: 8/20/2013
John Russo | John Russo
If he is the father he has more rights to the child then you, unless you can prove that he is a danger to that child, and I do mean prove, in a court of law under the rules of evidence.
Answer Applies to: Rhode Island
Replied: 8/20/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You will have to go to court to enforce your desires and that will be an uphill battle.
Answer Applies to: Michigan
Replied: 8/20/2013
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
It is an issue between you and the child's father and he should have legal custody as the non custodial parent following the death of the custodial parent.
Answer Applies to: Georgia
Replied: 8/20/2013
Burnett Evans Banks
Burnett Evans Banks | Paul Evans
Your sister may have named a Guardian for her minor child in her Will, if she had one. If not, you should contact a lawyer to initiate guardianship proceedings in the probate court of your county. However, the child's biological father has superior rights to custody and would be the boy's presumed custodian. There are many facts that might overcome that presumption, however, which may leave you in a good position to petition for guardianship. You did not say whether your sister's boyfriend is the child's father, but whoever the father is would have to be notified of any guardianship proceedings.
Answer Applies to: Missouri
Replied: 8/20/2013
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    The quickest way is to petition the court for guardianship. Once you have guardianship, you can petition the court for custody at a later date. You can always go straight for custody, but it is a longer process, which is why I suggested guardianship first.
    Answer Applies to: Illinois
    Replied: 8/20/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    All you can do is file for guardianship. Understand, unless the dad will be a danger to the child, one way or the other, it will be difficult to keep the child from him. Be prepared for a battle.
    Answer Applies to: Idaho
    Replied: 8/20/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Get a lawyer to help you, right away.
    Answer Applies to: New Jersey
    Replied: 8/20/2013
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