Yes, You will have to file a petition for guardianship or adoption. The process can be complicated. And will normally require a home investigation by DHS.

Can an uncle take custody of a child?

California law gives first priority for custody rights to the parents. However, if the court does not give custody to either parent, it can instead grant custody to any other adult who has been caring for the child. Aunts and uncles are popular choices for adults to act as foster parents.

Do aunts and uncles have rights to see their nieces and nephews?

Can an Aunt and Uncle Seek Visitation Rights with their Niece/Nephews? 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.

Can a child choose to live with a relative?

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …

Who is entitled to custody of nieces and nephews?

Aunts and uncles are in the same position as grandparents when it comes to custody rights. Brothers or sisters of the parents have no inherent custody rights regarding their nieces or nephews.

When do aunts and uncles need custody of their children?

The family court can grant guardianship over the child in a judge’s ruling because there is an open custody case or guardianship petition filed with the court clerk. Sometimes, uncles and aunts need custody of nephews and nieces when the child’s wellbeing is in immediate danger.

How can I get visitation with my niece?

Very few states allow extended family members to request visitation rights. In order to be included in the visitation case, you will need to petition the court for visitation. You will also be required to provide the judge with information that highlights the integral role that you have played in your niece’s or nephew’s life.

How are aunts and uncles different from birth parents?

Aunts and uncles are usually closer in age to the birth parent, but taking in a niece or nephew can change the dynamic in marriages and existing families. If the child is old enough to have a relationship with her birth parents, there may be issues of separation and abandonment.