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.Continue Reading
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.Learn more about Child Support & Custody
Findlaw provides state-specific child custody forms in the family law section of their website. Additional resources such as financial worksheets, parenting plans, and modification of custody forms are also available.Full Answer >
The process to establish legal guardianship includes filing a petition stating interest in obtaining guardianship, consenting to interviews with court-appointed officials and participating in home visits and inspections, according to FindLaw. A criminal background check may also be ordered by the courts.Full Answer >
A petition for custody must be formatted according to the requirements of the state in which the petition is being made, according to LegalZoom. Due to the Uniform Custody Jurisdiction Enforcement Act, petitions for custody are filed in the child’s county or city of residence, regardless of where the petitioner lives.Full Answer >
A legal letter written for the guardianship of a grandchild must come from the court and is granted when a grandparent applies and is awarded guardianship of their grandchild, as noted by the Arizona Judicial Branch website. The "letter of guardianship" is provided by the court and grants the grandparents the legal right to make decisions on behalf of their grandchild.Full Answer >