Want to Fight for Minor Sibling in California

**mzjennuh** · 04-23-2009, 06:22 PM

My question involves guardianship in the State of: California

Ok, here goes...I moved out of my mother's "house" when I was 14. She is on and off drugs, has crack heads staying on her couches, doesnt work, lives off of welfare, the little money she does get-she blows (literally), and her disgustingly dirty trailer is in a horrible neighborhood! I am now 20, single, living in a nice apartment, in the military, and very responsible. I want to fight my mother for custody/gaurdianship of my 14 year old sister. My sister's father is a joke too and doesn't have any legal rights over her-mom has 100% custody because he is worse off than her believe it or not. I am nervous about being viewed as an unsuitable gaurdian because I am unmarried. I have done plenty of research, and have completed all of the forms that I need to turn it. I just want to get some advice on how to better my chances and if I am wasting my time. My sister is failing in school, never has clean clothes, and rarely has a decent meal. This is absolutely killing me! Help!

**LawResearcherMissy** · 04-24-2009, 08:01 AM

No one here is going to be able to give you odds, and it would be terribly irresponsible of us to try.

The court weighs the best interests of the child in such matters. File the papers and get the process started. You might be surprised.

**mzjennuh** · 04-24-2009, 09:59 AM

I don't want the odds...I want to know how to better my odds. what can I do to make myself looked more favorably upon? Does that make sense? I just don't want to burn my bridges and spend hundreds of dollars to get turned away.

**LawResearcherMissy** · 04-24-2009, 10:14 AM

I just don't want to burn my bridges and spend hundreds of dollars to get turned away.

This is always a possibility, even if you're the best provider in the universe.

You're over the age of majority, you've got a steady and decently paying job, you've got a clean and stable residence. You might try also establishing a college savings fund for your sister and looking into where she will be enrolling in school, to show that you're looking out for her best interests.

But beyond that, there isn't any way to ensure that you're going to have a better shot, except getting your mother to voluntarily turn custody over to you.

**mzjennuh** · 04-24-2009, 11:56 AM

That is helpful, thank you! Also, I have a feeling that if my sister is asked she is going to want to stay with my mom. She has told me that she wants to live with me...but she also knows she will have structure, rules, and disciplin at my house, and she has never had that before. I think in the long run, a teenage girl is going to chose the place that she can get away with the most. How much of the decision is cast on the minors wishes? Will they look past it if she has no concrete reasoning and look at her best interest instead?

**525601minutes** · 04-24-2009, 01:23 PM

Have you already figured out who will be the legal guardian of your sister if you are deployed?

It is my understanding that if both guardians are active duty or if there is only one guardian and that one is active duty that the military requires someone else have power of attorney and a written agreement that they will care for the minor child in case the military person is deployed. (of course I could be totally wrong...) Have you checked with your base judge advocate's office?

How many years are left on your service?
Maybe you could do the paperwork now to become her guardian upon your discharge?

**mzjennuh** · 04-24-2009, 02:47 PM

Well...I would have my aunt (who is local) take her. She has POA over all of my personal documents while I'm gone as is. None of the people at the Law Office on base have anything for me. They said that they don't deal with family law stuff, especially not pertaining to the military.

I haven't decided whether I AM going to be getting out. I may retire from the military. And in that case, I would rather get her sooner than later because I want her to have access to my medical and dental benefits. I also would like to put her into base schooling.

**525601minutes** · 04-24-2009, 04:33 PM

It sounds like a good plan. If you're not separating anytime soon then I say getting her into a safe environment now is a great goal. I hope it all turns out well for you and your sister!