QUESTION

Can I get custody of my younger sister?

Asked on Nov 25th, 2013 on Child Custody - New York
More details to this question:
Recently, I was informed that my mother is being taken to court by the school for custody of my 16 year old sister. The reason is because she has not been going to school. I don't believe my mom will even show up on the court date. If the school decides to take her, can I, as her older brother (26) try and get custody of her? The living conditions she lives in now are very bad. My mother has almost given up on life. I, on the other hand, am married with no kids. I make a decent blue collar living. My wife works as well. We both have a very clean criminal history. I can't let her go anywhere else but here. I cant lose my sister.
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4 ANSWERS

You haven't said anything about your sister's father, who would be the natural alternative to her mother. If neither parent can provide appropriate guidance and support, you could volunteer. It's best to find an experienced family lawyer to help you, among other things, get in touch with the child protection authorities and let them know that you are available, and what kind of good and loving person you are.
Answered on Dec 05th, 2013 at 11:33 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney, the DSS is normally very happy to place a child with a relative as opposed to into foster care.
Answered on Nov 27th, 2013 at 4:11 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Your mother isn't being taken to court by the school for custody. If your sister isn't going to school the school can file a CHINS petition, but it has nothing to do with custody. If you believe your mother is not a fit parent you can file a third party custody action alleging that (I assume your father is completely out of the picture) and if the court so finds, it has the authority to give you custody. The school situation is a some evidence of your mother's failure as a parent, assuming of course that your sister isn't just skipping school. So you will have to have more than that.
Answered on Nov 27th, 2013 at 4:11 PM

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Bruce Provda
it sounds like that might be possible. Speak to an attorney.
Answered on Nov 27th, 2013 at 4:10 PM

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