Q: My nephew is under the care of his great grandparents. I want to petition for custody
Both great grandparents have multiple medical issues. My nephew's father resides in the home, has multiple drug and assault charges, and has child neglect charges on the child. My nephew's father's brother also resides in the home, and was driving the vehicle resulting in my nephew's mother's death, and also has drug charges. The child has limited access to his toys, hardly leaves the home unless he's going to school, and has little interaction with children outside of school. I feel the whole situation is not stable for a young child. I can provide him the home he deserves. I am his maternal aunt and also have two sons, ages 6 and 8, which I feel would help with his development.
A: As a relative you have standing to file a petition for custody in the Juvenile and Domestic Relations Court in the county where the child lives. The court will make a custody determination based on the best interests of the child. Speak to an attorney for more specific advise on your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.