can i get custody of my nephew?

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kiko8181

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I have a 13 yr old nephew and his mom and him do not get along.His mother is very mean to him putting him down all the time.Well he got tired of it and decided he rather live with his dad he told his mom and she got really upset and kicked him out.He called me and i took him in until his father can pick him up.So his dad took him but he brought him back saying he cant afford to take care of him and hell come back for him when has more money.His mom called me telling me that she wants him to stay with me for a year cause she cant handle him.But now she wants him to come back but he doesnt want to go back b/c shes so mean.So i was wondering how old does he have to be to decide where he can live?Im his aunt so can he choose to stay with me and be his guardian?
 
Minors have no legal decision making ability when it comes to where they live.

You can offer to take him from mom as a temporary guardian, but both parents would have to agree and either could recind at any time.

Or, you could petition for custody, but more drastic circumstances would have to exist than what you've mentioned to warrant taking him away from mom if she wants him back.

If dad wants him in the future, he'd have to formally petitition mom for a custody change.
 
no

I have a 13 yr old nephew and his mom and him do not get along.His mother is very mean to him putting him down all the time.Well he got tired of it and decided he rather live with his dad he told his mom and she got really upset and kicked him out.He called me and i took him in until his father can pick him up.So his dad took him but he brought him back saying he cant afford to take care of him and hell come back for him when has more money.His mom called me telling me that she wants him to stay with me for a year cause she cant handle him.But now she wants him to come back but he doesnt want to go back b/c shes so mean.So i was wondering how old does he have to be to decide where he can live?Im his aunt so can he choose to stay with me and be his guardian?

nope. you have no legal rights to him at all.and when hes 18 he can choose, not before. if mom wants him back, you have no choice but to send him home. otherwise you could face criminal charges. he is not your child
 
nope. you have no legal rights to him at all.and when hes 18 he can choose, not before. if mom wants him back, you have no choice but to send him home. otherwise you could face criminal charges. he is not your child


This thread is over a year old.

Pay attention please.
 
lonleyinny, there is nothing worse than someone who is dogmatic and doesn't have a clue what they are talking about. If the OP really wanted custody of the child she could file a deprivation action against both of the parents, child services would get involved, and she could stand for custody. Now it's a little different than just having rights to the child, but you need to learn that legal answers are rarely so cut and dried.
 
lonleyinny, there is nothing worse than someone who is dogmatic and doesn't have a clue what they are talking about. If the OP really wanted custody of the child she could file a deprivation action against both of the parents, child services would get involved, and she could stand for custody. Now it's a little different than just having rights to the child, but you need to learn that legal answers are rarely so cut and dried.



Alas, according to that Particular Poster's history, there's very little actual help going on :(

(which is a shame for all of the OPs)
 
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