Annandale, MN asked in Adoption, Child Custody and Family Law for Minnesota

Q: Hello, I have been taking care of my nephew, every weekend, since his birth( he is 2.5). What could I do to legally

A guardian, his mother does not work, and really does not provide for him.

1 Lawyer Answer
Corwin Kruse
Corwin Kruse
  • Divorce Lawyer
  • Licensed in Minnesota

A: You could bring a motion for custody as a de facto custodian, if you’ve cared for the child at least six months in the last 24 (need not be consecutive), however the statute also requires that you be the “primary” caregiver. If the child is with you on weekends and with mom during the week, it doesn’t appear that you would meet this criterion.

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