Legal Question in Family Law in Louisiana

my nephew (11) is living with his maternal aunt after being taken from his biological mother for neglect. his natural father died. the aunt has guardianship over him until he is 18 years old. she is finding that she is unable to manage the situation after 2 years, and asked if i was still interested in taking him in, which i was planning to do before his dad, my brother, passed away. i said i would certainly take him, but she is having a difficult time getting thru to louisiana to see how to go about this. can you tell me what needs to be done and or how to go about it? we all live in michigan, but my nephew was living in louisiana at the time he was taken from his mother. my brother had full physical custody of him at the time of his death.


Asked on 8/23/09, 4:49 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

Since the child has been living with his aunt in Michigan for 2 years, consult with a Michigan lawyer because Michigan might have jurisdiction now. While I cannot promise that will work it is a definite possibility under the Uniform Child Custody Jurisdiction Act (UCCJA).

The real issue is whether the aunt or the State of Louisiana has custody over the boy. If it is the aunt, Michigan has jurisdiction. If it is the State, then the matter must be brought in Louisiana.

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Answered on 8/29/09, 8:15 am


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