An Aunt’s rights to child custody and visitation are non-existent.
Unless the parents are endangering the child.
This article tells you exactly how to get Aunt’s rights to child custody and visitation.
So, if you’re an Aunt trying to get custody rights, keep reading.
Custody battles can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.
If you want to protect your rights, not wrongfully lose custody, and not get raked over the coals financially, fill out the form below.
Let’s look at an Aunt’s rights for child custody for a couple of scenarios.
These scenarios include:
If no one has granted an Aunt’s rights to child custody, then they do not have any.
Meaning an Aunt’s rights for child custody and visitation are non-existent.
Aunts do not have automatic rights to see their nieces and nephews.
But as with grandparent’s rights, an Aunt has the right to ask for visitation rights.
(We discuss getting visitation rights below.)
Related: Moving Out Of State With Child
What custodial rights does temporary guardianship give an Aunt?
Some reasons that an Aunt could get temporary custody are:
In cases like this, the parents can grant an Aunt temporary custody of the child.
Temporary guardianship gives an Aunt rights to:
There are two ways for an Aunt to get temporary guardianship of a niece or nephew.
The other way to obtain Aunt’s child custody rights via temporary guardianship is emergency custody.
An Aunt has the right to file for emergency custody of her niece or nephew.
Things that judges will grant emergency custody for are:
Emergency custody hearings will get scheduled the same day the petition is filed.
The judges want to remove the child from dangerous situations.
But it can still be difficult to obtain Aunt’s rights to child custody with emergency custody.
The judge will make sure you’re the best option to take care of the child.
As an Aunt, you could be competing for custody with:
To file for emergency custody, reach out to a family lawyer.
Or, go to the courthouse and ask for a Petition for Emergency Custody.
You will need to bring evidence of the danger that the child is in.
And file this with your petition.
Aunts and Uncles do not have visitation rights automatically.
But Aunts and Uncles have the right to file for and receive visitation rights.
The judge can even grant Aunts and Uncles visitation rights over a parent’s objection.
Meaning that, even if the parent objects, Aunts and Uncles can get visitation rights.
An Aunt can get visitation rights by filing a petition for visitation rights.
An Aunt can get visitation rights of nieces and nephews even if the parents object.
If the Aunt is granted visitation rights, it becomes a court order.
And the parents will have to follow the court order.
If they don’t, then they can get held in contempt of the court.
An Aunt can file for visitation rights.
All an Aunt has to do is file a petition for visitation rights.
An Aunt can find this petition at her local Clerk’s office.
Or she can hire a family lawyer to file for visitation rights for her.
Let’s Aunt’s rights to child custody are granted.
She has the legal and physical responsibility of taking care of the child’s needs.
This includes the Aunt providing:
Parents are the legal guardians of their children.
This means that an Aunt’s child custody rights are non-existent.
So, let’s talk about how to get custody of my niece.
There are some exceptions where an Aunt can get child custody rights.
Usually, an Aunt’s rights to child custody get granted if there is:
There must be evidence that the child is in danger.
This is the only reason that the judge will consider changing custody.
So, the first thing you need to do is gather evidence of the child’s danger.
Then, you need to be able to prove that it’s in the child’s best interest for you to have custody.
The courts are going to determine who is best suited to have custody rights.
Yes, you can adopt your niece.
Adopting your niece gives you full parental rights to your niece.
When adopting your niece, an Aunt’s rights for child custody are:
To get temporary custody of your nephew, you need to file a petition for temporary guardianship.
File the petition for temporary guardianship at the Superior Court where the child lives.
You can get this petition from a lawyer or at your local Clerk’s office.
The petition for temporary guardianship of your nephew should include:
Related: Non-Custodial Parent Relocation
If you want the best attorneys to represent you, fill out the form below.
We have the experience needed to ensure that your rights are protected.
This means that you don’t wrongfully get passed over for custody as an Aunt.
We also make sure that your custody judgment is equitable and fair.
This means you don’t get raked over the coals financially.
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This website is for informational purposes only. It is not legal advice. Consult an attorney if you are seeking legal advice.