Omaha, NE asked in Family Law and Child Custody for Nebraska

Q: How can I get guardianship over my 18 y/o cousin that lives with me and her mom wants nothing to do with her?

Also I just need to get the school stuff transferred to our name so she can get a bus to pick her up but her mom does not want to cooperate

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1 Lawyer Answer

A: To obtain custody of a child when you are not the parent, you generally need to file a guardianship action with the county court. Generally the Court is not going to grant a non-parent custody unless it is shown that the parents are legally unfit to care for their child. This is a very high standard. The guardianship of a minor child terminates upon the child reaching the age of majority.

If the parents are in agreement that the child should be in the custody of a non-parent for a short period of time, then the parents can sign a temporary delegation of parental powers to the non-parent. This form is available on the Nebraska Supreme Court's website and schools and hospitals are familiar with this form. The parent can revoke this form at any time.

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