Nineteen Year Old Wants Custody of Sixteen Year Old Sister

[rocketmarie]

My question involves guardianship in the State of: Arkansas

I am eighteen, I will be nineteen in a week. My little sister is sixteen. I live with my boyfriend who is almost twenty one, and we have plans to be married as soon as we are both out of school. I am a student, my boyfriend has a full time job. My maternal grandmother has had custody of my sister since she was two years old, my paternal grandmother has had custody of me since I was two months old. Our mother has been out of the picture since we were very young. My sister lives with my grandmother and our uncle, who has been in trouble with the law several times and a history of violence. He regularly makes my sister feel badly about herself and threatens to hit her and slap her. My grandmother doesn't do anything to stop him. My sister was also molested when she was four years old, she had to live in foster care for a few months- any time it has come up in conversation my grandmother has told my sister that she thinks she's making it up. Overall, my sister hates where she lives and it's not because of typical teenage reasons. My boyfriend and I have been talking about her moving in with us for a few months.
Today, after my sister stayed overnight with my boyfriend and I, we drove her home. As soon as we pulled in and my sister stepped in the door my uncle came outside and told us to get off the property and never come back. He threatened my boyfriend and myself, and swung a bat at my car and at my boyfriend's arm, barely missing because I started driving away. I had advised my sister to try to audio-record any arguments that happen to prove our case. She did that for the first time today and has our uncle threatening her and my boyfriend and myself on audio. We pulled over down the street and called the police. My uncle ran off into the woods and the police did not search for him but did arrange for my sister to spend another night with me for her protection. Off-record (he wasn't mic'd up), an officer suggested that I see a family lawyer to help my sister to be emancipated. My sister is only going into her sophomore year of high school, and we don't want her to have to keep a job and go to school. Overall, what are the chances of my sister being put into my custody or my boyfriend's? If you do not think that would happen realistically, do you think she could be emancipated? My grandmother has never made a move to protect her or help her other than putting a roof over her head and feeding her, and she can barely pay her rent.

Please and thank you!

[Dogmatique]

There is no way your sister will be emancipated.

If your sister is at risk, you need to call child services and get them involved.

You need to be very careful too about recording audio without consent. You can get into a LOT of trouble.

[rocketmarie]

Yes, but why wouldn't she be emancipated?

[cbg]

Because she does not have the means or ability to pay 100% of her own support, she does not have a history of living on her own and supporting herself, and because emancipation is not and never was intended to be a means for a minor to leave a bad situation. Evidently neither you nor the officer understands what emancipation actually is.

[LawResearcherMissy]

Because she does not have the means or ability to pay 100% of her own support, she does not have a history of living on her own and supporting herself, and because emancipation is not and never was intended to be a means for a minor to leave a bad situation. Evidently neither you nor the officer understands what emancipation actually is.

In addition to being unable to provide 100% for her own needs, she's not old enough to even petition the court.