Legal Question in Family Law in Missouri

Re: Legal custody of my nephew

Your question is not a simple one to answer with the information that you provide. Were the parents of your nephew married when he was born? Are they now divorced? If they were not married, is there any Court Order (or administrative Order) determining the man to be the legal father of the boy? Is there any Order whatsoever that gives legal custody of this child to anyone? If the mother does have legal custody, she might be able to give you a power of attorney pursuant to statute to care for the nephew for up to one year, and this might suffice with the insurance company. In order for the custody of the child to be transferred, I believe that you would have to Petition the Court to open a guardianship and name you as guardian. This would certainly involve providing the legal father with notice and an opportunity to object. Of couse, if the mother is unfit, you could always get the division of family services involved, and they might file a Petition to Terminate her parental rights (and the fathers). The child would be in the state's custody pending these proceedings. Then you could request that the child be placed with you for adoption.I always advise my clients to keep the state out of it if at all possible. It might be easiest for the mother to obtain the insurance for the child in her name (even if you pay for it). Good luck.