My mom left the country over 6 months ago with plans to start a new life in France and to have my little sister brought over when she was stable.
She left my younger sister with my older sister. Now my older sister is trying to obtain gaurdianship of my younger sister (now 14 yrs old) without my moms permission. Can she do this?
P.s. - my mom cannot come back to the US due to HER immigration status but my lil sister is a citizen.
2006-06-29 07:51:46 · 16 answers · asked by MidnightEnigma 2 in Politics & Government ➔ Law & Ethics
My mom has already asked for my sister to send her over...and my sister keeps trying to talk her out of it ...
(like saying America is better for her)
but thats not really her choice to make!
2006-06-29 07:56:17 · update #1
MY MOM and my sister agreed to this months ago!
If my mom knew my sister was going to try to steal her daughter later she would never have done it!..
Its not easy being an immigrant in this country. She had to leave for a better life where she had legal precedence.
2006-06-29 07:58:08 · update #2
if she's looking to take custody, thereby taking away your mother's rights, she cannot. your mother does need an attorney tho. if she's looking for gaurdianship in terms of emerency contact, your mother still needs to set that up. your mother still needs an attorney. your sister would have to prove that your mother is a danger. since your mother cannot come back because of her status, she needs to contact the French government and talk to the US embassy there.
2006-06-29 07:57:49 · answer #1 · answered by Ananke402 5 · 2⤊ 1⤋
Not knowing the parties involved, my first impression is that a good mom would never have left a child behind in the first place. Your older sister had to take full responsibility for a sibling when your mother decided to leave. What if your sister is right that your little sister would have a better life here in the US. That's probably true. From what you've said, I'm on your sister's side. Not your mom's. Your mom gave up her rights when she left.
2006-06-29 08:06:33 · answer #2 · answered by cynthiajean222 6 · 0⤊ 0⤋
I don't know what state you live in but I know in my state without legal guardianship, some hospitals and doctors won't treat a child. Also some schools can refuse a child enrollment without guardianship.Your mother should have signed over temporary guardianship to your sister before she left the country. Another thing, You cannot get insurance on a child without having guardianship and that leaves whoever is housing the child to foot the bill for any medical treatment. I know because I have gone through the same thing recently.
2006-06-29 08:00:15 · answer #3 · answered by nana4dakids 7 · 0⤊ 0⤋
Honestly, it sounds as if this might be the best thing for your younger sister. If your mother has been gone for 6 months, this is essentially abandonment, and someone there needs to be able to speak for your younger sister. It probably wasn't an easy thing for your older sister to decide to do...And it probably won't be easy for her to be a parent at what must be a very young age. Good for her for stepping up to the responsibility that was thrown at her.
2006-06-29 07:56:31 · answer #4 · answered by abfabmom1 7 · 0⤊ 0⤋
Have you asked your mom? Your sister might need guardianship of your lil sis to take her to the doctor or get her into school?
If that's not the case, your mom needs to contact the French police and American police so they can find your little sister. If your older sister gets guardianship before this, your mom may never get her back.
2006-06-29 07:54:22 · answer #5 · answered by Kats 5 · 0⤊ 0⤋
It's not 'kidnapping' and it will be impossible for your older sister to take care of the little one without guardianship. She can't register her in school,etc and God-forbit she need some operation or something.
With you Mom out of the country, your sister needs that guardianship paperwork to make her legal in her responsibilities. Guardianship is not kidnapping or adopting, it's just means she's the responsible adult.
2006-06-29 07:57:07 · answer #6 · answered by DJ 7 · 0⤊ 0⤋
Well apparently your mom did trust your sister enough to leave your little sister with her. Maybe your little sister wants this too. She may be afraid to start over in a new country. If this was two parents fighting over her in most states she would be old enough to decide who she wanted to live with.
2006-06-29 07:57:06 · answer #7 · answered by gnomes31 5 · 0⤊ 0⤋
Yes, your older sister can attempt to gain legal custody of your younger sister. It happens all the time in instances where, in circumstances like yours, the child is abandoned. The court will decide if your sister's application has merit.
2006-06-29 07:57:53 · answer #8 · answered by Anonymous · 0⤊ 0⤋
your sister is not allowed to take your little sister into custody unless your mother ha already signed over parental rights. to do this it has o go through the court system.there are many ways to avoid the kidnp, but you must be sure that there is no disreancies between what your mother wants and the child
2006-06-29 07:59:12 · answer #9 · answered by nightmarehouse2000 2 · 0⤊ 0⤋
You should probably contact children's services IMMEDIATELY.
It's technically not kidnapping if your Big sis is the nearest next of KIN (your mom being out of the country, what about your father?)
If your younger sis wants to be with her mother, children's services can help provide answers on how to do that and provide legal council.
2006-06-29 07:59:26 · answer #10 · answered by duder 2 · 0⤊ 0⤋