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File a child in need of care motion

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Q: You are an aunt of a child with one deceased and the other in jail can you get custody of this child?
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Can a mother's sister have the right for the son of her died sister?

In most cases, the mother’s sister does not have automatic rights to the child of her deceased sister. In the event of the child being orphaned, the child's guardianship would typically be determined based on legal procedures, such as the deceased parent's will or court decisions. The aunt may be considered for guardianship or custody, but it is not guaranteed.


If an Aunt has phys and legal custody of a niece can she transfer custody to another Aunt without involving the 7 year absent mother?

Yes because the mother had no custody over the child


Does an aunt have the right to have physical custody of a 15 year old child in new york state?

Only with approval by the court of a Motion for Custody of a Child In Need Of Care.


Who gets custody of a child if the father is dead an mother goes to jail in tn?

The courts would prefer to find some other competent relative such as a grandparent or possibly an aunt or uncle of the child, in such a case. If no such relative can be found who is willing to take custody of the child, then the child will become a ward of the state.


If a child is living with her aunt and was removed from her mothers custody by social services and the father has no interest in the child and has left can the Aunt ask for gaurdianship of the child?

yes the aunt could if the little girl had been taken away from her mother from child services and the father has no intrest. but she can not if the father decides to take custidy then no


Can a minor child choose to live with an adult sibling with just one parents consent?

The Aunt can be named a guardian, however this dos not prevent a custody challenge by the other parent.


How can a mother gain custody back of her son after signing over legal custody to his aunt?

In order for a mother to regain custody of her son after signing over legal custody to his aunt, she would typically need to go through the legal process of petitioning the court to modify the custody arrangement. This may involve demonstrating that there has been a significant change in circumstances or proving that it is in the best interest of the child to have custody returned to the mother. Consulting with a family law attorney would be recommended to navigate the specific legal requirements and options in their jurisdiction.


How can you live with your aunt instead of your parents?

The Aunt would need to file a motion for custody of a child in need of care.


What if a mother has a child and the mother has a aunt what is the mother's child to the aunt's children?

The mother and the aunt's child are first cousins to each other. The mother and the first cousin's child are first cousins, once removed.


Can aunts or uncles obtain copies of birth certificates of their nieces and nephews?

Only if the child or children are placed in custody of the uncle and/or aunt


If a father leaves his daughter with her Aunt and has had no contact in several months can the aunt ask for guardianship the mother was denied custody by social services as well This is in Minnesota?

Yes, but she first has to go through court and if the judge thinks the father is unfit, or if the child is old enough to choose who they want to live with, then the judge could give custody to the aunt.


Teen living with aunt since birth no legal custody order bio mom has legal custody can teen leave with her consent without aunt being able to stop him?

Ya if your aunt does not have custody you can leave with bio moms consent, now your aunt might threaten and try to keep you there but without custody she has no legal rights to make you