Q: My neice recently passed away leaving her 22 year old son, 18 year old daughter and her 6 year old son i has dad was out
of the child's life most of his life. he owed back child support and it was taken from him recently now he wants to act as if he needs to take care of him . i want to know if his aunt my neice's sister can get legal custody and how does she go about it
A: An aunt could potentially file a petition for temporary custody by extended family if the father will consent. If he will not consent then the aunt will need to be able to prove by clear and convincing evidence that the father is unfit. A natural parent is the custodian of the child by law. The aunt needs to hire an attorney, without one she will get nowhere.
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