Can A Family Member Take Custody Of A Child Although a child s best interests are usually served by keeping the child in the family home with the biological parents parents can lose their rights In certain states courts used a hybrid test Awarding custody to a third party is appropriate only if there s evidence that a custody award to the parents isn t in the child s best
You file a petition for custody in the borough where the child has lived for the last six months A petition for custody is a written request to become the custodian of a child Custody decisions can be made in Family Court or Supreme Court In Supreme Court there is a fee to start a case in Family Court it is free Usually parents sign over custody of a child to a family member or friend by establishing a guardianship Although each state s laws are different legal guardianship typically includes both legal and physical custody meaning the child lives with the guardian and the guardian has the legal authority to make decisions about the child s
Can A Family Member Take Custody Of A Child
Can A Family Member Take Custody Of A Child
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Aunts and uncles Child custody rights Whether aunts and uncles have the right to petition for custody varies by state For example Georgia allows siblings grandparents great grandparents aunts uncles great aunts and great uncles to petition for permanent custody of a child Check your state s family law statutes It can be quite difficult for nonparents to get custody Filing for custody Grandparents relatives and kin may file for legal custody of a child by requesting an order from the court It can be helpful to work with a family law facilitator or self help center to file this paperwork The local superior court will likely have a family court services department that can assist in mediation if needed
In an ideal situation you can reach a child custody agreement without going to court If you and the child s other parent can agree on how custody will be divided you can make a parenting A non parent such as a grandparent sibling aunt uncle step parent etc generally cannot get custody of a child except for cases of abandonment neglect unfitness of both parents or other extraordinary circumstances 1 See Who can get custody for more information However even if you cannot get custody certain relatives grandparents and siblings may be able to get visitation
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The following steps outline the process of pursuing custody of your child in family court 1 File the Child Custody Petition The first step in the custody process is filing the petition with the family court in the county where the child lives You must do this using state specific forms and procedures It s not always necessary to retain Can a non relative take custody of a child Gaining custody as a non biological parent can be difficult but it is still possible in a few situations Generally you need the biological parents to consent to your custody Only a judge can give you custody which you must request by filing a petition with the appropriate court
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