Legal Question in Family Law in Utah

Child custody/guardianship question

My stepmother was given guardianship of my niece from the state of Utah. I have been very involved with her since she was born. She has been spending the nights/weekends with me and my children since she was 6 weeks old. I always thought we would end up with her and treated her like one of our own. She has called me ''mommy'' since she could speak. My stepmother is no longer able to care for my niece (now almost 3 yrs old) and has decided to send my neice to live with her brother and sister in-law. I am the little girl's aunt (her mother is my sister)and they are sending her to live with her great uncle and aunt. Is there any chance I could get custody of her? I have spoken with the State of Utah to said they are no longer involved with her case. Do I have any rights to her? Aren't I next of kin?


Asked on 10/31/05, 2:40 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Child custody/guardianship question

Custody and guardianship does not always follow next of kin rules. You should file an action in the county where the girl formerly lived if she has not been in her new residence for more than 6 months, or in the county where she now lives if she has been there for 6 months. Your petition should seek custody and guardianship of the girl. Do not wait to take action.

The court makes its decision based on a test: "Best interests of the child." If you can prove it is in the child's best interests to live with you rather than someone else, you will be given custody.

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Answered on 10/31/05, 5:44 pm


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