How to get custody of my niece. You can also file a third party custody action showing that neither parent is fit to care for the children. You can obtain temporary guardianship quickly if you need the paperwork for school or medical or other purposes. LegalMatch can match you with a lawyer who can help. Whether aunts and uncles have the right to petition for custody varies by state. Seeking legal custody of a niece is a formal process to gain the legal authority to make decisions for and provide a home for the child. If you believe they are being abused, you should call CPS. Get a written parenting plan. com Oct 29, 2012 · I recommend obtaining guardianship of your niece. Visualize your schedule. Jul 7, 2023 · Need to find out how to get custody of a child? This guide will explain everything you need to know about how custody works.