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Custody of my sister.

I am 24 and my husband is 49. My mother has stage 2 kidney cancer and is beginning to make preperations for her death. My sister is 14 and my mother wants her to live with my husband and I and our 2 kids. How can I obtain legal custody of her without her biological father taking her?


Asked by LadyOsgood at 11:35 PM on Jan. 28, 2011 in General Parenting

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This question is closed.
Answers (11)
  • Well, your mom can designate you as the guardian, and you can petition the court for guardianship, but if he wants custody, and there is no legal reason why he shouldn't have it, it will be very difficult to take custody from him.

    I'm so sorry about your mother. I hope her treatment program works for her, and that maybe this won't be an issue. hugs and prayers.

    Answer by ohwrite at 11:55 PM on Jan. 28, 2011

  • It also depends on how much he has been in her life, is he living with her? If not, does he pay child support? Is there a reason why she isn't with him? Is he a unfit father, ie--abusive, Will even fight for cusdody?

    Answer by Michigan-Mom74 at 1:55 AM on Jan. 29, 2011


    Answer by Michigan-Mom74 at 1:57 AM on Jan. 29, 2011

  • Damn it i hate my keyboard! Hit the post answer button............anyway, if u can't afford one some states have free legal services if your income is low.

    Answer by Michigan-Mom74 at 1:59 AM on Jan. 29, 2011

  • A friend of mine practices family law and he suggested it is possible for you to seek Guardianship of your sister first. This would involve going into Probate Court. Then, if and when guardianship is obtained, it may be easier for you to file for child custody in your role as Guardian. In effect that Guardian might be considered to have good standing. If there is any kinda mistreatment in your sisters regard the example I have above, you would need to approach the police or some child protective services agency in order to register a complaint, rather than filing an action in court on your own. But this is only if there might be any issues with the bio-dad. Alot of courts favor the child being raised by the parent/s then by a "3-party" which is u. But again only if there is a strong reason why your sister can't stay with her bio-dad.

    Answer by Michigan-Mom74 at 2:17 AM on Jan. 29, 2011

  • On the other hand, the court couldl be persuaded to give custody to you when looking at the circumstances involved it is presented with clear and convincing evidence that it is in your sister's best interests to be given to you. There is something called "Standard of proof" and some of the examples are--
    -the home of the father for some reason is not fit,
    -the father himself isn't fit
    -Since your sister is a teenager and she doesn't want to live/stay with her dad could be enough.
    Every state has different laws so make sure to talk with a lawyer, most of them have free consultations and ask them. So I wish u good luck, and cause I am such a good guy, I won't charge you for this consultation. lol
    Well this is once again mich-mom, it was easier for him to type it then me doing it. I hope everything works well for u.

    Answer by Michigan-Mom74 at 2:36 AM on Jan. 29, 2011

  • Have your mom making a living will. That is the first step. She is still alive and can make certain requests about where her daughter will live and state why these are her wishes. A hospital or her doctor should be able to help you with these things. Second, get something done with a lawyer and have them take it to court and get some form of temporary custody in place. That way when she does pass if your sister is already in your home then you have both the living will, and temp custody. If she has not lived with her dad in awhile and is well adjusted a judge will be leary to remove her, and her age she can also have some say in where she will live.

    Answer by gemgem at 4:26 PM on Jan. 29, 2011

  • The law will always give the other parent the option to be the full time guardian unless there is some reason why He or she can't be that.

    Answer by tulipskiss311 at 4:54 PM on Jan. 29, 2011

  • You're going to need a lawyer. Your mother cannot will a child to someone. You most likely would need guardianship prior to her passing.

    Answer by heatherann0221 at 6:34 PM on Jan. 29, 2011

  • ":Have your mom making a living will. That is the first step. She is still alive and can make certain requests about where her daughter will live and state why these are her wishes"
    That will not happen. Heatherann is right, if the dad is named the child's father on the birth certificate he has parental rights (unless they were taken from him or he signs them away). His parentage and rights cannot be taken away by the biological mother just because she prefers the sisters to live with one another. When your Mom passes away, and he is named on the birth cert, your sister wil go to him when she dies. If he wasn't named as the dad on the birth cert, all he has to do then is get a DNA test, and the courts will give custody to him then. But like I said in my other post, she is of age, so she can make the decision who she wants to live with, and the courts will take that into consideration.' I do wish the best LadyO.

    Answer by Michigan-Mom74 at 12:54 AM on Jan. 30, 2011