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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16346
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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My sons Aunt has physical custody of him,However I still have

Customer Question

My sons Aunt has physical custody of him,However I still have custody as well, does she have more rights than I do
Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.
Hello there ---Legal custody of any child belongs with the adult who has the court order granting them legal custody of the child. If there is no current order of the court for physical and legal custody and he ended up living at his Aunt's house simply because his mother (your ex) left him there to be raised by his Aunt for some reason or another, then you have every right to petition the court for full physical and legal custody of your child and as the father of the child, so long as you can give him a safe and loving home, there is no reason why the family court would not transfer custody of him over to you immediately (so long as you have been a part of his life and he knows you as his father -- otherwise, the court will require a transition period between the Aunt and you before you will be granted full legal custody of your son).=So, if you already have a court order in place, then you actually do have more rights than the Aunt and you can simply appear at the doorstep and ask for him to be turned over to you based upon the court order currently in place and if she refuses, then you can get the police involved. If you do not have a court order then my suggestion is that you go to the local county family court where your son is living and go to the clerk's office there. They will help you complete the forms to request full custody transfer of your son to you and the request will be presented at a hearing date in front of the judge where the aunt will also be permitted to attend and the court will hear her side of the story at that time. However, if a biological parent can provide a steady home then the biological parent has a greater right to custody of their child than other relatives. Please let me know if you have any further questions. If not, can you please press a positive rating before you leave the website so I will be paid for my time? I am paid nothing unless you press a positive rating in the ratings section so I truly appreciate it. Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH-MARY

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