How can I get custody of my niece in California?
Table of Contents
How can I get custody of my niece in California?
Filing a case to become a guardian
- Fill out your forms.
- Have your forms reviewed.
- Make at least 3 copies of all your forms.
- File your forms with the court clerk.
- Give notice.
- Get completed proof of services forms from the server and file them with the court.
- Get everyone who agrees to sign a consent and waiver of notice.
How hard is it to get custody of a nephew?
In most cases, obtaining guardianship for your nephew if he is a minor child will require permission from his legal parents and permission from a court. Some cases, where there is abuse or abandonment, may not require consent of the child’s legal parents. File a petition in court for guardianship of your nephew.
Can I fight for custody of my niece?
After having your niece or nephew live in your house, you may have standing to ask for permanent child custody. If the court finds that the parents should not have custody, you may claim custody for yourself as the person whom the children have been living with.
Can an aunt file for a niece?
No one can file an I-130 on behalf of an aunt, uncle, cousin, niece, nephew, in-law relative or grandparent. For Whom Can I-130 be filed? (cont.)
Can an aunt have parental responsibility?
Step-parents, grandparents, aunts or uncles can also get parental responsibility for a child, but usually only if they are involved in caring for the child. They would have to apply to the court for an order for parental responsibility, an order for the child to live with them, or an order for Special Guardianship.
How can I get custody of my niece and nephew?
If you as an aunt or uncle are thinking about obtaining legal guardianship over your nephew or niece through the courts. The first step is to file a petition for guardianship with the appropriate court in the county where the child currently resides.
Do aunts have 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.
Can you adopt your own nephew?
Yes, you can likely petition for your nephew, if he is adopted. I suggest you work with an immigration attorney through this process to ensure that everything is done correctly the first time around.
