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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default Obtaining Custody Of Younger Sister

    Hi i am 25 years of age with two children of my own, married for 6 years, homeowner living in Michigan. My parents have divorced and my mother has custody of my sister. My sister is 13 years of age, she has been staying with me off and on the last few months because my Moms boyfriend is bad news (drugs,verbal abusive,bad tempered). My sister is scared of him and does not want him around. My dad tried to get custody and was denied my mother lied in court saying she was no longer with this man, when in fact she is. My sister wants to stay here with me and my husband and i have spoken with my dad and he has agreed but my mom will not consent to this ( she is just using me for the time being for a safe place for my sister to live because she is living with my grandfather right now and has no place for her and my sister to live, she is trying to get an apartment in a few weeks). I am worried that once my mother gets her apartment her boyfriend will move back in with her and my sister. So my question is if my dad, me, and 13 year old sister all agree on her staying with me what if any legal ground do i have for custody or guardianship to get her away from my mother? I hope this is enough information please let me know if there is anything thank you so much.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Obtaining Custody Of Younger Sister

    The family court with jurisdiction over the case has already ruled on these issues, and continued custody with mom. Going back to the court with the claim that the bothersome boyfriend actually did move out, but that you're afraid he might move back in sometime in the future, isn't compelling.

    Why isn't your sister staying with your father?

  3. #3
    Join Date
    Mar 2008
    Posts
    106

    Default Re: Obtaining Custody Of Younger Sister

    Guardianship and or temporary at least could be granted. It is a different case to file for guardianship which is different than what your father filed for. I'd try because it is in the best interest of the child to be in a safe environment. But your mother will be very very angry and you will probably only get temporary custody until your mother has a suitable home. Regardless of the out come you should still fight for guardianship so you can at least take her to school and doctor appointments.

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