My sister just died leaving a 2 month old baby. She is single and the father is not in the picture. My other sister wishes raise the child. How would she obtain guardianship of the baby?
Province/Country relating to question : England
Good day, I always strive to reply in the shortest possible time,I may be delayed answering other questions, attending a meeting or in court.Did your sister leave any wishes for the care of the baby?Is the father named on the birth certificate?
Good afternoon, Your sister would have to apply to the Family Court first of all for Leave i.e. permission and then once granted to apply for a Residence Order for the child. (This used to be called Custody). The circumstances would be fully explored and it is likely the Local Authority would become involved. The matter is very thoroughly investigated and all parties of any relevance or connection would need to be interviewed. Legal Aid is available dependant on means assessment but if she in in receipt of qualifying benefits, this would be automatic.Best wishes FE
30 years General Practice including Divorce & Matrimonial Property
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