My sister spends less than two waking hours a day with her kids, allowing my mom to raise them. What legal rights would my mom have if she wanted to pursue custody and/or child support? Would this fact impact my sister's custody ruling from her divorce if the husband finds out?
2006-10-02 14:21:29 · 10 answers · asked by We2Angels 2 in Politics & Government ➔ Law & Ethics
The court must be petitioned with a strong case that the non-parent has a meaningful relationship with the child and that it is in the best interest for the child(ren) to be living with the non-parent. Grandparents are the most likely non-parents to petition the court for custodial rights. Grandparents have the right to petition for custody as does anyone else. The difficulty in actually getting custody is proving that it is in the best interests for the child(ren) to be with them.
Neither support nor custody is ever etched in stone. These orders are always modifiable through the court. If you ever want to change the terms of a custody or support order, do not change anything unless you file a Petition to Modify first and obtain a new court order. Only the person who has custody has a right to seek support.
2006-10-02 14:48:00 · answer #1 · answered by JFAD 5 · 1⤊ 0⤋
The only good solution is for your Mom to discuss the matter with your sister if she feels she is being taken advantage of and work towards a solution that is mutually satisfying to both of them. You need to stay out of it.
The only way your Mom would ever likely get guardianship is if both your sister and her ex-husband would agree to such an arrangement, and they would have the right to revoke that at anytime (they might have to go back to Court first though) unless a decision for permanent adoption was agreed to.
If your Mom is receiving any financial consideration for watching the children then the answer would be an absolute no; she is merely the babysitter and if she chooses not to be, then your sister could and most likely would, find alternative childcare.
If there are other reasons than just not spending time with the kids, such as she is abusing them emotionally or physically or neglecting their needs or seeing that they are cared for by a responsible party, then she should be reported to Child Protective Services for an investigation. Should they find grounds that your sister is an unfit mother, only then would your Mom might have a leg to stand on, but would need to consult an attorney.
Should you Mom then decided to try to seek custody, it would impact your sister's custody as the husband would have to be informed and he would be given the option of taking custody or allowing an alternate guardian, which might be one of HIS relatives or even foster care.
Situations like this can get very ugly and the end result could end up with your Mom (and you) being permanently eliminated from from your sister's kid's (and likely your sister's) life, especially if she tried to sue for guardianship and lost.
2006-10-03 05:48:55 · answer #2 · answered by bottleblondemama 7 · 0⤊ 0⤋
I agree with the answer JoJo gave. Your mother is going to have to be tough though. She will need to file charges against your sister and that is not emotionally easy.......or is it? If your mom is tough more power to her! On the other hand if your sister is going to school or working extra to do better (which obviously isn't the case) then you all should support her.
2006-10-02 21:33:24 · answer #3 · answered by CAM 2 · 1⤊ 0⤋
I guess your sister is busy working all the time. Maybe you should keep your interests to your own concerns. I'm sure your mom can figure it out, won't take you to figure it out for her. As for trying to meddle in your sister's divorce....you probably don't know how depressing a failed marriage is, and putting your two-bits worth in the stew is gonna cause bad blood.
2006-10-02 21:30:51 · answer #4 · answered by Anonymous · 1⤊ 0⤋
if your mother wants custody she needs to see a lawyer. your sister sounds like a unfit mother. unless she is at work all the time and then she need to consider paying your mom baby sitter fees. if the dad knows about this he could try to prove that she it a unfit mother and try to get the kids
2006-10-02 21:36:26 · answer #5 · answered by Mark 2 · 0⤊ 1⤋
yes its abandonment of her children , he could use that against her in court. your mother would have to file a petition for custody in a court hearing , your sister and her x would have to be told about it , and if neither showed up then the judge would give your mother what shes asking for
2006-10-02 21:29:10 · answer #6 · answered by jojo 6 · 1⤊ 1⤋
It is a sad story for all. Grant parents have not right unless the parents grant them. we have all the freedom we want but we can't even protect the children.
2006-10-02 21:31:41 · answer #7 · answered by cliffo2027 3 · 0⤊ 0⤋
your mom would have to prove the mother was unfit to get custody.
2006-10-02 21:29:42 · answer #8 · answered by xjoizey 7 · 1⤊ 0⤋
I think her husband would get the kids, but if he is a more suitable parent he deserves them.
2006-10-02 21:29:29 · answer #9 · answered by mary 2 · 1⤊ 0⤋
All your mom can do is refuse to take care of the children. She's donig it voluntarilty!!!!
2006-10-02 22:09:43 · answer #10 · answered by Anonymous · 1⤊ 0⤋