A little background:

My sister (the mother) has been barely involved in her son's (my nephew's) life. They haven't spoken in over 3 years. Recently, my nephew was kicked out of his home by his father and came to me, his aunt, for help. The night that he came to stay at my house for me to help him, his father reported him as a runaway, which is obviously not true. The next day, police officers stopped my nephew at school (yes, even though he is supposedly a runaway he was found at school attending classes) and told him that he needed to either go back home or be taken in as a runaway. Furthermore, he was informed by the police that a runaway is not allowed at school. His mother and father have agreed to let me take care of him until the end of school (coming up towards the end of June).

My hope is to gain custody of him so that he can get out of these harmful environments. He wants to further his education and continue on to potentially be a firefighter. He is a good kid coming from a bad situation and I want to do everything I can to help him out. If I can gain custody of him, then I can help give him the opportunities he needs to make his dreams come true.

Is there any hope that I can gain custody of my 16 year old nephew?

We live in Thurston county of Washington State and desperately need options.

Well the fact that you took him in AGAINST THE LAW, may work against you. Did you call the father and tell him where the child was?

The police were absolutely right in doing what they did. The father may have kicked him out, but felt bad about it and since he didn't know where he was (if you didn't call), then he was right to report him a runaway.

That all being said, how have the mother and father agreed to let you care for him? Did they put it in writing, ratified by a court? If not, you have no right to care for him. You need to awarded temporary guardianship by a court.

So your first step is to be granted temporary legal guardianship. When he finishes the school year, you can try for temporary custody. I strongly suggest you get an attorney who can help you navigate the stormy waters of Family court.

Every state has specific codes regarding non-parent custody. If you meet the standards and petition the court, it may work out fine. You will need local counsel to do that. Many offer free or low cost initial consultations. Find out what your options are.

In the mean time, if the school finds out the boy is living with you, it may create a problem for them. He may be kicked out without some paperwork from his parents. Many schools have forms for releases or affidavits to allow another person permission to educate and participate for the child, once signed and notarized by parents. Check with the school for that resource.

Also, if the boy needs medical care you may not be able to consent. Having the parents do a consent form would help there as well. Does he have medical insurance? Do you have the cards and information to use it?

A signed agreement by the parents is helpful, but not enough. Eventually you will need court orders. Otherwise the parents can change their minds at any time and get him back. They have constitutional rights to him that you can only overcome by getting an order. The longer you have him, the better chances of making that happen. Also, document issues with the parents as much as possible to help the courts agree with you and give you custody.

Good luck. Consult local counsel. Document everything.