How to Give Up Custody to an Aunt

Sometimes parents choose to place their children with other family members.

It is usually ideal for a child's birth parents to have custodial rights of the child. However, sometimes a parent recognizes that a child would be better off being placed with another family member, such as an aunt. It is possible for a parent to give legal custody to a family member without severing their parental rights. Both the parent and the aunt have to appear before a family court judge. The aunt has to be determined to be fit to raise the child. After the hearing, the aunt will then have the legal power to make life decisions for the child.

Instructions

1. Contact the aunt to decide on a date to visit a local family court. Ask the court clerk for custody forms for both the parent and aunt to fill out.

2. Complete the forms honestly and thoroughly. Explain to the judge why it is in the best interest of the child to be placed with his or her aunt.

3. File the forms that you and the aunt have filled out with the family court. After the forms are filed, a court hearing will be assigned with a judge.

4. Attend the court hearing with the aunt. The judge will talk to both you and the aunt to obtain information on what is in the best interest of the child. Be open and honest about your wishes for the child. The aunt can either be given temporary or permanent custody based on the ruling of the judge.

5. If ordered, attend counseling or parental classes as determined by the judge.

Tips & Warnings

• Once custody of a child is given up, it is difficult to get back. The parent will have to provide a solid case that shows a change in life circumstances that would be beneficial to a child.

• Parents still have visitation rights, even if they no longer have custody.

References

• Free Advice: How to Give Up Custody of Your Children; May 23, 2011
• Attorney Michael Fender: Temporary Custody of Minor Children by Extended Family; Michael Fender; April 22, 2010