How Can Adult Woman Obtain Custody of Her Minor Sister from Grandmother?

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“I am eighteen years old, work part-time at Kroger and am in college full-time.  Both of my soon-to-be 12-year old sister’s parents are deceased, and we share the same mother who is deceased. She lives with her grandmother and is very unhappy there.  I live with my adoptive parents and she use to live with us but her grandmother won custody about 4 years ago because my adoptive mother wasn’t a blood relative, and I have been waiting until I turn eighteen to get my sister back with me.  What are my rights as her older sister?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Since there is a standing court order placing your sister in the care of her grandmother, it may not be easy to get a court to agree with a change of custody, but there is the possibility that the Court will allow you to adopt your sister.  You would have to file for a modification of the standing court order.  You would have to show the Court:  (1) that you are able to financially support your sister and yourself, and (2) that there is some kind of serious problem with her grandmother’s ability to raise your sister; or (3) that her grandmother consents to the adoption.  Contact a family law attorney in your jurisdiction for a consultation to discuss your options regarding the modification/adoption proceedings.



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Author: House Attorney

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