Is it possible for a great aunt and uncle to gain custody of a child if both parents and grandparents are either unfit?

They don’t want the responsibility of a child an can’t financially to support one? The child lives in one state and the aunt and uncle live in another. How would they begin the process?

Asked on September 3, 2012 under Family Law, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the situation with a child is such where it would be best for the minor to live with the great aunt and great uncle where the parents and grandparents of the minor cannot take care of him or her, the relatives that wish to take in the child should consult with a family law attorney for assistance. The family law attorney can look into the possibility of a custodial agreement being signed by the parents with respect to the great uncle/aunt for the minor.

Another option is a petition in the county court house in the county where the minor resides where the relatives seek custody of the child due to the parents being unfit to care for the minor.

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