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Can I get legal custody of my nephew?

1 Answers. Asked on Oct 03rd, 2013 on Child Custody - California
More details to this question:
My 13yr old nephew has been abused emotionally and physically for years. I called Child Protective Services and his grandmother made his mother look like a saint. His mother also told him not to tell what happened - in one incident that caused him to run away in the night - or else he would be taken away and sent to a residential group home for children and never live with his family again. I was banned from seeing or talking to him again for about 3 yrs. I am now back in his life picking him for and from school 4 days/wk and feeding him breakfast and dinner before taking him home to ensure he eats as food in his home is not always available. I have in tutoring as he is way behind in school even after being held a grade and his mother is trying again to remove me out of his life because I am trying to get him out of being considered a child with a learning disabiity(she heard she could get benefits for a disabled child). This mother has abused her oldest son and now the second.
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Answered on Oct 03rd, 2013 at 4:16 PM

You can file for guardianship of the child.  It is likely that the mother will contest. Is the father available?  The father would also need to be served.  You would then present the facts to the judge and he/she would make a decision.

Once the child turns 18, you could also do an adult adoption which would not require the approval of the parents.

This answer does not mean that there is an attorney client relationship and is not meant as legal advice. For legal advice you would need to call us.

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Child Custody
Your children are precious, and issues of child custody shouldn't be treated casually. Even the most amicable splits and custody agreements should be negotiated with the assistance of child custody attorneys and approved by the courts. Once a judge has approved the agreement, changes in custody or visitation, as well as enforcement of child custody agreements, should be handled with the assistance of your lawyer. Child custody law firms can also work with grandparents and other parties other than parents who are seeking custody of a child.
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