Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘I am an adult. I am married, and I have two children. My sister is 13 and living with my mother. My mother spends most of her time with her younger friends at bars or just “hanging out†and drinking. I want to know if I can legally gain custody of my sister in the state of Georgia.’There are a couple of routes you can go here – one would be trying becoming appointed as your sister’s legal guardian. The other would be for your sister to seek emancipation, as, if granted, she can live wherever she chooses.
Question: Unfortunately, for either to happen, it is most likely that social services would need to get involved. Your first stop should be calling a local family law clinic and asking them what they advise.Also, although you don’t mention your sister’s father, any action to remove your sister from your mother’s custody would require that he be notified, if his whereabouts are known, as he would be first in line for custody of your sister if she were to be removed from your mother’s custody.
Answer:
Sometimes informal arrangements end up being the most practical; if possible, you may want to consider finding a way to make it palatable for your mother to agree for your sister to live with you. The advantage of this is that once your sister has been living with you for some time, a court is much more likely to agree to keeping that arrangement in place.
