Q: How does my daughter get custody of her deceased sister's son.
My grandson, who is now five has lived with either his paternal grandparents or my daughter, his aunt, since his mom passed on 6/30/21. His father has either been on drugs, or alcohol since. He has lived with my daughter since September 2022, except for 23 days in January 2023. We are worried because he is behind on his vaccinations, and in general has not seen a doctor in years. (His mom died of cancer and was sick for 3 years before passing) He should be starting school this year, and we can't get him in to see a doctor because we need his father to give consent. We have asked his father several times, but he still has not come through. He was also a micro preemie born at 25 weeks. He is supposed to be seeing a pumonologist and eye doctor yearly. We need help on how to proceed.
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- California
- (916) 704-3009
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- Answered
A:
If your daughter is interested in seeking custody of her deceased sister's son, she may need to go through the legal process of petitioning for guardianship or adoption.
In most states, if the child's biological parents are deceased, the court will consider the child's best interests in determining who should have legal custody. Factors such as the child's relationship with the proposed guardian or adoptive parent, the child's current living situation, and the proposed guardian's ability to provide for the child's physical, emotional, and educational needs will be considered.
Your daughter may want to consult with a family law attorney who specializes in guardianship and adoption to discuss her options and develop a plan for pursuing legal custody. The attorney can advise her on the specific laws and procedures in your state, and help her navigate the legal system to seek custody.
In addition to pursuing legal custody, your daughter may also want to seek the advice of a pediatrician or other medical professional to ensure that her grandson receives the necessary vaccinations and medical care. In some cases, a court may be willing to order medical treatment if it is deemed necessary for the child's health and wellbeing.
Overall, seeking custody of a child can be a complex and emotional process. It's important to have the support of a qualified legal and medical team to help you navigate the process and ensure the best outcome for the child.
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