Q: Must I give my nephew to non family members while his mother (my sister) is in hospital and she has severe memory loss
My sister was in an accident on Monday and I have had her son since. I live about 1hour from their home. Non family members are stating he should remain in his town and bounce between people almost daily instead of stay with me in my home until she is released and can care for him. She is suffering from memory loss and multiple broken bones and a punctured lung. She is aware I have him and has not mentioned giving him to anyone else. What can I do. Note: he has adhd and a few other medical and mental diagnosis and his therapists and behavior coaches agree he should remain in one home for stability.
A: In California, a parent generally has the ultimate authority to decide who should care for their child in their absence, barring a court order to the contrary. If your sister is aware you have her son and has not directed otherwise, you are likely within your rights to continue caring for him. If there's a dispute about the child's placement, and especially considering his special needs, it may be prudent to seek a temporary guardianship order from the court to clarify your authority to care for him.
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