My mother is a drug and alcohol addict and she doesn't have a job. There have been abuse alligations filed against her and she has quite the record. She doesn't keep track of my twelve-year-old sister and lives in a horrible area. My sister hates living with her and wants to leave. Is there anything I can do to get custody of my sister? At what age can a kid say they don't want to live with their parent but with someone else? We live in California, my husband and I live about 3 1/2 hours away from them and make more than enough to take care of her. If she were to run away (which I wouldn't put past her) and end up at my door would I be in trouble for harboring her?
2006-08-03 15:14:56 · 26 answers · asked by cyndelgrace 1 in Family & Relationships ➔ Family
Yes, sure thing, provided that you're at least 18 and living on your own,,, You can get legal custody of her. I suggest you talk with a social worker.
2006-08-03 15:18:10 · answer #1 · answered by Pivoine 7 · 0⤊ 1⤋
First, every state has a different age permission for things like this. You will have to check with your local court system or a local family attorney to find out what the laws are. Second, depends on your age (responsibility factor) and situation (stable home, income, etc.). Third, you have to be able to PROVE your mother unfit. If you fit all the criteria under your state laws then it is ABSOLUTELY possible to get custody of your sister. If there are records of actions or reports against her in this regard and if you can prove that you can provide for her needs well enough to satisfy the court then there is no reason you could not get custody. I happen to know a great deal about this sort of thing due to others I know or are related to who have been in this situation. If you need more info, please feel free to e-mail me and I will help if I can. A good place to start building a case FOR yourself is to contact an attorney and find out what is required for you to be considered a good custody candidate. They can tell you what a court expects in detail and depth. Then, once you are sure you meet that criteria you can call Child Services in her state and county and talk to them about the situation and see what THEY require of you in order to get custody. Once you meet approval all the way around, then you can file. Knowing your rights and requirements are first and foremost. You can also request the court to subpoena documented case files from everyone involved in the cases/reports against her and use them for proof to support your custody request. They will most likely subject mom to a drug test to varify your claim that she is a user. Once that is done and given all the facts, I think a court would be hard pressed NOT to honor your request. Any help I can offer, e-mail me anytime...s_ransom_2006@yahoo.com
Oh, I don't think you could get in trouble if she left on her own and ended up there but do NOT go get her or help her get to you. That would be considered Kidnapping which is a Federal offense. What you COULD do is have her call child services to come get her. She could have them notify you when they take her out of the situation. You would then have MUCH more leverage...but if you go about it any other way than those which I have suggested, you might wind up in trouble yourself and thus be of no help to her. Contact a lawyer immediately and do what it takes to get her out of there the right way! But do it NOW! The longer you wait the more it will raise the question of why you waited. It will affect your credibility and you do not want that. Good luck...e-mail if needed...anytime! I'm usually on daily during the week.
2006-08-03 22:32:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
My best advice to you is to call an attorney. There are lots of them that give free consultations. I don't know the laws in California, but I think as a standard rule the age is 14 when a child can decide with whom they want to live. You are a blood relative and that will have a lot of pull as opposed to her going into a foster home. I wish you all the luck in the world. The next step of course would be to try and get your mother the help she so desperately needs.
2006-08-03 22:25:46 · answer #3 · answered by stormy 2 · 0⤊ 0⤋
You're right in guessing that it has to go through the legal system. By far the most painless and easiest way is to have your mom name you as a legal guardian and sign primary custody over to you. Any family lawyer can help you with the paperwork. DON'T go to social services right away as this will tie it up in an over-bureaucratic system and your sister would be put in foster care until it's all resolved. At the current rate, She'll have two children of her own by then.
2006-08-03 22:24:56 · answer #4 · answered by Ricky J. 6 · 0⤊ 0⤋
OK to get custody of you sister it would be best to go through Family servises. If your sister runs away and ends up on your door step an you take her in then you could be charged with kid napping. This is because she is under age. Kids mush be 17 or older to leave home legally. But I think in your case or more so in her case and the living sitiuation you should beable to do a family placement if you go through family servises. Thats what my family is doing with my three lil cuz'ns anyway. I hope you get her.
2006-08-03 22:22:39 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I'm not from your state so I don't know the laws there...but if your mom is that bad off I'm sure you can get custody of your sister. You would have to prove it is in the child's best interest (which sounds like it would be easy). I would call child protective services and ask some questions. Judges love to turn over kids to family members instead of the state.
Good Luck!
2006-08-03 22:19:43 · answer #6 · answered by az 5 · 0⤊ 0⤋
I'm pretty sure that your sister can choose to live with you. You'll need to get an attorney to file the petition and then your sister will have to tell her story to a judge.
If your sister shows up at your door, you can take her in, but you have to tell the police. Harboring a runaway is a crime.
2006-08-03 22:19:31 · answer #7 · answered by Otis F 7 · 0⤊ 0⤋
I'd definelty get in touch with a lawyer it doesnt sound to me like your sister should be in that environment for more then a minute it isnt fair you definetly can sue for guardianship of her and have a great chance as long as you and your husband are in A stable living arrangement and your sister will have her own room. I'd mpost definetly look into it immediately that poor girl isnt even being taken care of the way a child of her age deserves to be taken care of good luck!
2006-08-03 22:22:33 · answer #8 · answered by Melissa B 2 · 0⤊ 0⤋
Yes you would be in trouble for harboring a runaway. I think you should just go for custody the legal way, if the allegations are true you shouldn't have a problem getting custody.
2006-08-03 22:20:34 · answer #9 · answered by Me 2 · 0⤊ 0⤋
Yes, you can. If you are over 18 you can. You don't even have to go to court. You can get your mother to sign a printed letter from you stating she is giving is you temporary custody until your sister graduates. Go get the paper notarized and it is considered legally binding. My mom moved to another town and my sister wanted to graduate with her friends, I got temporary custody of her for about a year.
2006-08-03 22:23:13 · answer #10 · answered by redbone8188 3 · 0⤊ 0⤋
Go for custody of her. She needs a strong role model right now and if your Mom can't provide it right now you should as Long as your husband is willing to do it with you. Good for you for looking out for her! And yes...you can get custody. Just file a petition in your local court.
2006-08-03 22:21:49 · answer #11 · answered by celestine 4 · 0⤊ 0⤋