Legal Question in Family Law in New Jersey

Maternal Aunt Seeking Custody of NEPHEW

My nephew has been living in a State Psychiatric Hosptial for the past 3 yrs.His Biological Mother is not helping him.I however am willing to move him physically from the state of NJ to my home in New Hampshire.I have even gone to great lengths to see him.I do travel down almost every month to see him.However he's mother will not even take a bus,train or a cab to see him.My drive is over 5 hours long,and through 5 states.My nephew has even told the Judge that he wants to come live with me.And he's caseworkers all agree to have him live with me.However my nephew suffers from ADD and is Mildly Retarded.And I need to have legal guardianship of him.Meaning my nephew.He has even wrote a letter dating it June 16,2001 stating that he wishes that he's guardian go to me rather than his mom.Could you please Help !!!!

Thanks


Asked on 11/30/01, 2:43 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Maternal Aunt Seeking Custody of NEPHEW

There may be a very simple process, depending on the status of the matter. I cannot tell from your question whether there are existing proceedings going on and if so, in which Court. It could be in the context of a divorce or existing guardianship proceedings; or the Division of Youth and Family Services may be involved. Each of these would have a slightly different procedure. In any case, Court process may be required. For this reason, you should seek the advice of an attorney. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 11/30/01, 9:13 am


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