QUESTION
Is there a way for me to get custody of my younger sister?
Asked on Aug 24th, 2012 on Child Custody - Arkansas
More details to this question:
My younger sister recently came to me and asked if there was any possible way for me to gain custody of her. She is turning 14 in a month and currently lives with our father. Her mother is an ex-convict and our father has full custody of her. I was planning to fight for custody next summer after she has finished 8th grade. Our father does not take care of my sister and lets her run around unsupervised daily. She does not want to live with him or her mother and has expressed that she would rather live with me than live with him.
10 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Relatively tough case which will depend on facts.
Answered on Jul 11th, 2013 at 12:26 AM
Dennis P. Mikko
You don't say how old you are. This could be a determining factor. However, rather than thinking of custody, could the problem be solved by your dad granting you temporary guardianship over her? This would allow her to live with you and for you to make decisions for her. It is not a drastic step of changing custody and may be more palatable for your father. Otherwise, you do not have standing to pursue custody of your sister.
Answered on Sep 03rd, 2012 at 12:10 PM
Leonard A. Kaanta
No, only the parents have right to custody.
Answered on Aug 29th, 2012 at 2:37 PM
1 Award
If your father does not agree, you will have to file for custody. You will be at a disadvantage as the parents right to custody rank higher then grandparents and other relatives.
Answered on Aug 27th, 2012 at 9:33 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I don't know how old you are and whether you are mature enough to care for your sister.
Answered on Aug 27th, 2012 at 7:58 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You have to file for custody and prove that both of them are unfit.
Answered on Aug 27th, 2012 at 4:01 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That is a question for the court, but unless your parents both agree it is unlikely a judge will take custody away from a parent simply because that is what a child wants. You need to consult an attorney who can better evaluate all the relevant facts that would be considered by the court.
Answered on Aug 27th, 2012 at 2:46 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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You will have to petition the court where the child lives to get guardianship. The father can fight it and a court will probably not grant the guardianship if he does.
Answered on Aug 27th, 2012 at 2:45 PM
Melissa Kay-Peterson Roudabush
Yes, you can file for guardianship.
Answered on Aug 27th, 2012 at 10:52 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Maybe File for guardianship.
Answered on Aug 27th, 2012 at 10:51 AM