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Bill Attorney
Bill Attorney, Lawyer
Category: Family Law
Satisfied Customers: 1140
Experience:  Attorney
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I have legal and physical custody of my 9yr old nephew. I

Customer Question

Hello I have legal and physical custody of my 9yr old nephew. I had had since 1 week old. At the time if birth his birth mom was on drugs so lost custody n DCF got involved. My brother (the father) of the child had legal issues so he wasn't fit to gain custody. The birth mom passed away with a overdose about a year aftery nephews birth and my brother (choilds father) hasn't been in trouble since and is involved with his son. I would like to reunite them together as a family now that I've shown my brother how to manage his son and has watched for a few years now to make sure he is fit. I would like to give custody back to him and he wants that too. How can I go about this? I also want something saying if anything happens to my brother because he has lupus that I will get my nephew back so he don't go to the state. I plan on still being a support system for them but with out the legal responsibility. I just want to be a regular aunt. Please help.
Submitted: 8 months ago.
Category: Family Law
Expert:  Bill Attorney replied 8 months ago.

This is attorney Bill being of assistance today. Just a few questions surrounding your custody and family law matter.

When was the last time you were in family court in relation to your nephew ?

Did you adopt the child ?

What was the exact order of the court for custody, and does the father have any custodial rights this moment ?

Did the father relinquish his parental rights ?



Customer: replied 8 months ago.
The last time I had to go to court for my nephew was when he was 1yrs old and I was granted legally and physical custody from the temporary custody I had when he was born. Before I was granted full legal and physical custody the courts put a add in the local paper for the father to have a chance to contest but he never responded at that time. I never adopted him! His father has no rights at all for his child. Rights were taken away from the mother at birth because of drugs and was suppose to work with DCF for 6months since she never showed they then terminated her rights. His father had a open case and no means to take care of this child and was also suppose to work with DCF but failed as well. For the last 6yrs, the father has been consistently in his child life and not in trouble with the law at all. He went to school and got a certificate in HVAC but then became very I'll with lupus and almost passed away. So now he just stays home and helps with his child as I have all the legal and financial responsibility.
Expert:  Bill Attorney replied 8 months ago.

Thank You for following up with me on your question.

As you are now responsible for the legal decisions of the child, if you wish to change this you will have to go to the Family court and apply for a modification of custody order stating the reasons you would like to relinquish your custody, with the State then being responsible of taking care of the child.

Similarly, the natural father can bring a petition before the family court for the reestablishment of his paternity rights. The clerk of the court can help with the filing of the correct petition.

Should his parental rights be reestablished, then he will automatically be reinstated as a custodial parent.

So you should bring two petitions before your family court.

Please follow up with me if you need more information.




Attorney Bill