How to Pursue Custody of a Sibling

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“I need a general answer before I attempt to go to pay for an attorney. My fiance and I live in Southern California. My fiance has a half-sister who lives with her mother and father (my fiance’s step father but sister’s biological father). The father was recently arrested by the FBI for child porno. He was out on bail but broke bail because he picked up his daughter and another child at the local school. He was incarcerated again and is currently awaiting post-indictment for the child porn crime and then sentencing (he pleaded guilty already). The father was the bread winner of the family making over 80% of the income. The mother has no college degree or high school education. Her income matches to about 20% of the minimum monthly cost of living. They have a house that the father has not given power of attorney to the wife yet. So she is screwed to make ends meet right now. She can’t sell the house right now and she cannot afford to move anywhere else but stay in the home. Failing to acknowledge the daughter has gone through stress and pain due to the arrest the mother is focusing on her own needs. In addition, she failed to notify any neighborhood parents (friends of the daughter) that the father was in trouble for child porn, but she passed it off as not a big deal. When the families around the neighborhood gather to watch out for each other’s children, the mother got angry that they would report the husband to the FBI for any wrong doings without know the true nature of the crime. We feel and know (along with the grandparents – her mother and father) that the biological mother cannot be fit to take care of the daughter. She is 11 years old. We have an idea to get married and pursue custody of the half-sister. Our income combined is well worth five times that of the father and mother. We do have a house and stability. Is there any chance in pursuing this case to win? Thanks!!”

[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.]

Your chances are better if both parents are willing to give up their rights voluntarily. If biological mother wants to hang on, that is her right, and you will have little chance of some sort of forced adoption away from a willing parent who is not breaking any laws and trying to parent their child. It’s NOT all about the Benjamins.

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Author: House Attorney

A house attorney has answered this question.

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