There are two ways an aunt or uncle can obtain legal guardianship
Do aunts have any rights to see their nieces and nephews?
Can an Aunt and Uncle Seek Visitation Rights with their Niece/Nephews? The short answer is YES . California law confers discretion on the court to grant reasonable visitation rights to any other person having an interest in the welfare of the any other person.
How can my aunt get custody of me?
Yes , an aunt can get custody but it is difficult and can be quite complicated. Usually, if Child Protective Services has not already intervened and tried to place the child with a third party then the Aunt would either have to intervene legally in a ongoing custody dispute or start a custody action from scratch.
Can I get joint custody of my niece?
Yes you can . You have a couple of different options available to you. Contact a family law attorney to see as to how to best proceed.
Is an aunt a legal guardian?
Legal guardians are usually relatives such as an aunt , uncle, or grandparent. This may be due to death, incapacitation, or incarceration for a crime. ... A legal guardian is not only responsible for the child’s physical wellbeing and care, but is also charged with handling all major decisions for the child.
Can a child decide to live with an aunt?
Not in the custody case, no, the judge cannot grant custody to your aunt . ... As for choosing where you want to live, you are at an age where a judge may listen to what you want; that does not mean that the judge will do what you want.
Can an aunt get parental responsibility?
However, usually there are not legal rights for custody for aunts and uncles. Parents are deemed to be the legal guardians of the child for making decisions in their best interests. ... Therefore, an intervention to protect the child’s emotional development and or physical health is necessary.
How hard is it to terminate guardianship?
In general, most cases are initiated by filing a petition to terminate guardianship with the same court that appointed the current guardian. A petition to terminate guardianship is a legal document that asks the court to reverse the agreement and to revoke the rights that a guardian has over the ward.
Does guardianship override parental rights?
The primary difference is that, with a guardianship, the child’s parent or parents still retain parental rights over the child . As such, the parent can ask the court to have reasonable contact with his or her child. In an adoption, however, parental rights are permanently terminated.
Can a child choose to live with another family member?
California courts must consider and give weight to a child’s preference when the child is of sufficient age and ability to voice an intelligent opinion on custody or visitation. (Cal. Fam. ... Children can’t choose where to live until they are 18 years old .
What is counted as a guardian?
A legal guardian is a person who has been court appointed to care for another person , and make decisions on their behalf. Essentially, a legal guardian assumes legal responsibility over another person. They have been granted the legal authority to care for their ward’s personal and property interests.
What is the difference between a guardian and a custodian?
Minor children cannot inherit money or assets outright, so a custodian is named or appointed to manage the assets until the child reaches an appropriate age. A guardian, in contrast, is responsible for overseeing the child’s day-to-day physical and financial well-being .
Is a grandparent considered a guardian?
A grandparent or relative can be the guardian , or if there is no family member available, the DCF can be appointed as guardian. TERMINATION OF PARENTAL RIGHTS: Termination of parental rights to a child is a final court order that completely severs the legal relationship between the parents and the child.
Can I live with my aunt at 15?
Unfortunately, you need your custodial parents permission to move . Perhaps your aunt will talk to your parent for you.
Can I choose to live with my aunt at 13?
Sure. You can have your aunt pick you up and take you . If dad calls cops, you’ll tell the cops to leave you alone and that you are not leaving your aunt. You can even ask your mom to petition for custody and come testify on your behalf that you...
How can I get full custody of my child without going to court?
A parent can get full custody of a child without going to court through mediation . In child custody mediation, custody and visitation agreements can be agreed upon and drafted outside of court, then submitted to a judge for approval.
