An individual can attempt to establish guardianship of a nephew by obtaining a family law attorney and filing a petition with the court. Consent of both parents, submitting to a home inspection and a criminal background check may be required, according to FindLaw.
The laws to gain custody of a child who is the petitioner's nephew vary from state to state. The individual may need to get a letter of consent from the nephew's parents or establish that abuse exists in a court of law, according to FindLaw. Once the petition is filed with the courts, the child and the potential guardian may be interviewed, as well as family members associated with the child. The court may also order background checks and home visits and inspections to establish what is best for the child. A legal guardian must be at least 18 years of age.
During a hearing or court deposition, the individual may be asked to provide reasons why guardianship is desired or examples of how the parents or parent of the nephew is unfit. A written statement may be required, according to FindLaw. If custody is granted, the guardian signs an oath or vow to provide and care for the child in a healthy, happy environment.