Can an aunt win custody?

Yes, an aunt can get custody but it is difficult and can be quite complicated. Usually, if Child Protective Services has not already intervened and tried to place the child with a third party then the Aunt would either have to intervene legally in a ongoing custody dispute or start a custody action from scratch.

Can an aunt or uncle get custody of a child?

The short answer is YES. California law confers discretion on the court to grant reasonable visitation rights to any other person having an interest in the welfare of the any other person. Aunt and Uncle rights are very similar to grandparent visitation rights.

What legal rights does an aunt have?

Unlike grandparents, aunts and uncles do not have any rights to visitation over a legal parent’s objection. Still, these family members may file a guardianship case and request temporary custody of nieces and nephews when both parents are unfit to care for their children themselves.

Can an aunt apply for parental responsibility?

Step-parents, grandparents, aunts or uncles can also get parental responsibility for a child, but usually only if they are involved in caring for the child. They would have to apply to the court for an order for parental responsibility, an order for the child to live with them, or an order for Special Guardianship.

Can an aunt apply for a contact order?

Usually, parents are able to agree on contact arrangements. It is not just parents who can ask for contact with a child. Grandparents, aunts and uncles, brothers and sisters, and anyone who has had a close relationship with a child may ask a parent for contact with the child.

What does a prohibited steps order do?

A Prohibited Steps Order is an order which prohibits a party (usually a parent) from a certain activity relating to a child(ren), and which also prohibits a party from exercising their parental responsibility.

Can I choose to live with my aunt?

Not in the custody case, no, the judge cannot grant custody to your aunt. As for choosing where you want to live, you are at an age where a judge may listen to what you want; that does not mean that the judge will do what you want.

What can a prohibited steps order do?

This can give the aunt or uncle custody of the child during the parent’s absence or in case of their death. Some examples include: A person with illness and undergoing radiation or chemotherapy treatments. However, you must prove in court that you are fit to care for the children.

How can I get back custody of my Children?

Maybe your ex-spouse got custody after your divorce, or child protective services removed them from your home for cause. No matter the reason, the best method of getting back custody of your children is to convince a judge that your home is now the best place for them.

How do I transfer custody of my child to another parent?

Parents who wish to transfer custody to someone other than the child’s other legal parent must go through the court system. The court will evaluate the case and only transfer custody if it’s in the child’s best interests. What About Child Support?

Can an aunt or uncle get temporary guardianship of a child?

Parents in life-threatening situations can grant temporary guardianship over the children through the proper legal documents. This can give the aunt or uncle custody of the child during the parent’s absence or in case of their death. Some examples include: A person with illness and undergoing radiation or chemotherapy treatments.