okay, all my posts have been about my mother passing away. my 10 year old sisters father has not been in her life for at least 5 years. he gets word about mom, and he comes to get her. im glad hes finally owning up to the responsibilities he left behind so long ago, BUT, he just ripped her out of everyones life a week after mom died. i live in dfw, tx. hes out in pheonix, az. the rest of the family is here with me, so shes got no one out there. i guess what im getting at is, i heard the age is 12 before you can choose between mother/father on who you want to live with... what about sisters?? my grandmother cant take care of her alone, shes got real bad emphysema, and everyone agreed that shed be better off with me, since i brought it up that id move her in, to keep her here. is there anything i can stand on, legally, to get her back?? what age do you have to be to decide?? are sisters included on this?? what can i do?? can i do anything?? she really wants to come live with me too!!!
2007-03-12 08:28:09 · 6 answers · asked by amber 2 in Politics & Government ➔ Law & Ethics
she is always emailing me telling me to come get her, she wants to come home, she doesnt like it out there, shes homesick, missing everyone, and how bad she wants to come live with me. granted, i am only 22 years old, i am in a stable relationship, engaged to be married. my whole family adores my fiancee. he is a bit older than i, and hes got a 14 year old son. so having my 10 year old sister wont be that big of a change on things. we both agree, along with the rest of the family, that shes better off with me. im just trying to see what i can do to keep her happy and close to the family, not that far away, with nothing we can do...
2007-03-12 08:37:49 · update #1
Contact a lawyer who specializes in family law.
2007-03-12 08:36:03 · answer #1 · answered by a_k 4 · 0⤊ 0⤋
WOW.
I have done a ton of research regarding custody and visitation issues, and who has legal rights. My focus is on grandparents or other "3rd parties". For the most part, I lean towards the idea that parents have the rights to make the choices, and this is pretty much where courts have been going.
However... I'd think this is totally different. If Dad was not in her life before, it is a question of the court's rulings prior to mom's death. I get the feeling that when he took her back to Arizona, there was no court hearing to determine just what would happen.
I am not a lawyer!! But my opinion is that the courts would take a long look at this one, since it has to be against her interests, to be forced to live with someone she hardly knows, and she has spent her entire life with her mom's family. I think your case is almost as mixed up as Anna Nicole Smith. I wonder if grandma could not get legal custody, even if she needed help.
What I am saying is that "technically" Dad probably has rights, but reality there is a good reason for petitioning the court to decide on this one. They will have to make the decision, and you have to present it in such as way to show that there is legal reason for asking to be heard. You reallly need a GOOD lawyer on this one.
I'd be happy to look through the files I have, if you want to contact me through my profile. BTW, I live in Balch Springs.
2007-03-12 08:49:23 · answer #2 · answered by wendy c 7 · 0⤊ 0⤋
First I am really sorry for your loss, both of your mother and now your sister leaving
But you are really wrong about the law. She can not decide where to live at 12, at 12 she can merely tell the judge what she wants but it is the judge that can and will decide where she is to live till she is 17 or 18 ( depending on your state)
So you as the sister can make a motion in the court to gain custody, but it is going to be tough unless he is a bad father, since he has legal custody after your mom passed away.
2007-03-12 08:39:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think you should get an attorney and ask her, but if you can't afford it usually there are ways to get some free legal advice in the county you live in which is probably where you need to file any legal papers anyway. You could try their website. You didn't say how old you are that might make a difference and what kind of job/home you have etc.
2007-03-12 08:33:12 · answer #4 · answered by sprtek 2 · 0⤊ 0⤋
you have to be 18 to try and get custody of your sister.Please make sure you keep in touch with her by phone call or letters or internet.If you are 18 and serious about this find an attorney who will help you get custody of your sister.I am sure she is lonley for you so don't forget about her,Good luck and sorry to her of your Mother's passing.
2007-03-12 08:38:06 · answer #5 · answered by Dew 7 · 0⤊ 0⤋
i would call legal aid that's for people that need legal help with little funds.it's not right that he came and took her after all those yrs.that makes it worse on you and her; after losing your mom and all.good luck and god bless you.sounds like you have a good head on your shoulders 'and could care for your sister very well,,,,,,,hang in there 'it does get easier,,,,,,
2007-03-12 08:42:19 · answer #6 · answered by Cami lives 6 · 0⤊ 0⤋