Q: Can I get custody of my nephew if im not blood related to him? Do I need to add my husband to the case since he is blood
We took care of my nephew for the last 2 and half years even though we were not his legal guardian while his legal guardian was homeless. She took him back because she got mad at me. Her household is violent and unstable and we want our nephew back.
A: The party who is blood related may have a better chance of obtaining custody. However, of course you can petition the court for custody yourself. You will have to prove being the child's guardian is what is in the child's best interests, and you may have some opposition from the current guardian, as they will need to be served. Your best chances of getting the best outcome would be to hire an attorney to handle this case for you, as it can be complex with you asking for custody of an unrelated child, and proving your case in chief regarding what's in the child's best interests.
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