What is the easiest to to get guardianship of my nephew. My sister is a homeless tweeker with past mental health issues. I have physical custody of my nephew but she won't give me full rights. She just wants to disrupt it lives whenever and run off with him with no place to go.
1 Answer from Attorneys
Where is the child's legal father? If the father is alive and has not been or will not be found to be an unfit parent, the father will have rights to child before any rights you may have.
If you want the court to place the child with you, you likely need to file a third party nonparental custody action. Among other things, you will need to prove that both legal parents are unfit parents as well as you being a fit parent.
You should review the specific facts with your attorney to find out your legal options.