Any Minnesota resident who is an extended family member to the parent of a minor and is currently considering litigation to seek legal guardianship of the child may want to follow a recent case in another state. In March, L.A. clothing store owner, Nipsey Hussle, was shot to death. His sister has filed a petition regarding child custody of one of his children.
The 10-year-old has been in the custody of her mother. Her aunt has told the court that the biological mother is not fit to parent the child. Her deceased brother has a younger child from another woman, as well; however, the aunt has apparently not made any attempt to obtain custody of the toddler.
No information was provided as to what types of issues make the 10-year-old girl’s mother unfit as a parent in her aunt’s opinion. When a petition for guardianship is filed in court, it takes a lot more than personal opinion to convince a judge to remove a child from the home of a biological parent. The person filing the petition must have evidence to substantiate his or her claim.
In Minnesota and elsewhere, such evidence might include information that shows a parent is neglectful in his or her duties to provide food, clothing or shelter. It would also concern the court if a biological parent were to struggle with a substance abuse problem or was emotionally or physically abusing a child. It is common for a judge to order an investigation when an unfit parenting allegation is made. An experienced child custody attorney would be a great asset to rely on in such a case.