Custody/Guardian of Nephew

This is a discussion on Custody/Guardian of Nephew within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; 16 yr old nephew just moved back in with me. He's lived with me off and on his whole life. ...

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Old Apr 11th, 2011, 07:08 PM   #1
MomStepMomAunt
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Confused Custody/Guardian of Nephew

16 yr old nephew just moved back in with me. He's lived with me off and on his whole life. In the previous times though, his mother (my sister) was with him. This time she's not. He lived with his bio-dad one year, he kicked him out this past weekend. Like I said, I've supported him off and on, his whole life with no room or board from his parents. This time though, I've had enough and want to file for custody of him, and have them pay child support. I need to have some type of legal guardianship at the very least. What if something happens to him and I need to make a medical decision for example? Plus have rights to meet/talk with his teachers etc..right? Just to clarify, Dad doesn't want him, Mom can't have him right now. I told her I wouldn't fight her to get him back, the minute she is able to take him full time.
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Old Apr 11th, 2011, 11:44 PM   #2
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Default Re: Custody/Guardian of Nephew

From the facts it seems that you can file a petition for guardian ship. In guardianship you will have the right to take personal/financial decision on behalf of your nephew. But remember you have to convince the court regarding the necessity for having a guardian for your nephew. It seems that you can file petition for child support, so that his parents will be asked to pay child support. Dad cannot wash off his hands form responsibilities. It is better advised that you may consult with a Family Law Attorney who can give a proper guidance in this regard.
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Old Apr 19th, 2011, 12:59 PM   #3
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Default Re: Custody/Guardian of Nephew

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Originally Posted by Lexus View Post
From the facts it seems that you can file a petition for guardian ship. In guardianship you will have the right to take personal/financial decision on behalf of your nephew. But remember you have to convince the court regarding the necessity for having a guardian for your nephew. It seems that you can file petition for child support, so that his parents will be asked to pay child support. Dad cannot wash off his hands form responsibilities. It is better advised that you may consult with a Family Law Attorney who can give a proper guidance in this regard.
Thanks for the tips, I was just about to go that route..when he and Dad "Made up." I talked to the dad about perhaps some family counseling, parenting help or something. It's difficult to not be around much for 15 years, then all of a sudden be an authoritarian over a teenager! I really hope they can make it work. It would be better to have a relationship with his dad, then be with us..but we told him of course we'd always be here for him if he needs us.
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