How does an Aunt seek temporary custody and or guardianship of a nephew when the parent is unsafe and non protective?

Question

How does an Aunt seek temporary custody and or guardianship of a nephew when the parent is unsafe and non protective?

Answer

It depends on whether the child is living with the aunt or if the aunt is just aware of the situation. If it is a case where the aunt is simply aware of the situation then she should call teh CYFD hotline. To report abuse call 1-855-333-SAFE (7233) or #SAFE from your cell phone.

If it is a situation where the child is or has been living with the aunt then, in NM, after the child has been residing with the aunt for 90 days the aunt can file for a kinship guardian action.

I noticed that your zip code is in the state of Oregon. If the child is from NM and living with you in Oregon and reports the abuse to you then you would call the Oregon hotline and alternatively you could file for an emergency action in Oregon.

Hope this helps.

Law Guru