Legal Question in Family Law in Minnesota
Minor wants me (aunt) and my husband to be guardians
My nephew will be 11 in March. Since about 2 months after he turned 9, he has wanted to live with my husband and I. We ''have structure & would disipline right'' (this was what he told us the very first time he asked, at 9). Although we would take him in a heartbeat, I have repeatedly told him that he had to wait until he was 13 and could petition the court. Things have come about that I believe he is considering running away. We have no kids and have the room. Due to his mom & her husband (not bio-father), we just haven't wanted to do anything but ''be there'' for him. His bio-dad does not oppose us having him. How would we start the process to get guardianship? We live in MN. I'm in St. Louis County and my nephew is in Pennington County.
If it helps any, I was a former nanny and also helped with him from a baby until he was about 6 (childcare). I have also had our brother praise me with helping ''raise'' his oldest daughter ''and wouldn't we consider moving back across state so that his youngest daughter would turn our right too''.
1 Answer from Attorneys
Re: Minor wants me (aunt) and my husband to be guardians
I am afraid it is not that simple. Under Minnesota Statutes, a third partyy cannot seek custody or visitation unless the child has lived with them for over one year or they are grandparent and the parents are divorced, legally separated or there was a paternity action. Even then, custody is less likely thatn a vistation schedule.
Other than that, there can be no placement with others unless:
(1) The parents agree; or
(2) A Child Protection Action is commenced and a court decides that hte child(ren) are in need of help or protection and then, after an evaluation, decides to place that child in your care.
A child cannot commence an action at 13. Parental rights are fundamental and very strong. A court will not interfere with those parental rights except in extreme circumstances.
For Minnesota issues visit divorceprofessionals.com
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