It might be possible if the court decides that the parents of the minor are unfit to properly care for the child. Before a guardianship petition would be accepted from any adult concerning custody of a minor the minor's parents would have to voluntarily relinquish their rights or the court would have to permanently terminate the rights the parents to the minor child. In some cases a minor is placed in the home of a relative temporarily while an investigation is completed by child protective services or while the judge is deciding what action if any should be taken in regards to the minor child's welfare.
Yes because the mother had no custody over the child
If the niece is an adult, her aunt can take her anywhere she wants to go. If the niece is a minor and the aunt has custody, she can take her anywhere she wants, as long as conditions of the award of custody do not limit travel or relocation. If the aunt is not a custodian of a minor niece, then she can take the niece out of the country only with the permission of the custodian or custodial parent.
The Aunt can be named a guardian, however this dos not prevent a custody challenge by the other parent.
File a child in need of care motion
Only with approval by the court of a Motion for Custody of a Child In Need Of Care.
In the US... NO, and if she attempts it she can find herself facing criminal charges. The only exception would be if the court has awarded the Aunt custody and the only way that will happen is if the parents are proven to be unfit, and it takes A LOT to prove unfitness.
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
When they are 18.
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.
In Florida, a 14-year-old cannot legally move in with their aunt without parental permission. Parents have custody rights over their minor children until they reach the age of majority (usually 18), so the mother's decision would hold legal weight. If there are concerns about the current living situation, it's advisable to seek assistance from a family law attorney or Child Protective Services.
The Aunt would need to file a motion for custody of a child in need of care.
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.