Just a little background information...My parents divorced when I was 13 as the result of my mom being on Cocaine. She left my sister and I with our dad and pretty much disappeared from our lives for awhile. The next time we talked to her, she was married to my step dad and then a month later, she was pregnant with my little sister.
Well, now, she鈥檚 on cocaine again and left my little sister, who鈥檚 9, with my step dad. He's threatened suicide and is really unstable. What makes this worse is that he has a couple of firearms, but he doesn't know where they are. Which means that my little sister could stumble upon them. For obvious reasons, I'm worried about her mental and physical safety.
My question is would I have a good chance of getting custody of my little sister. I'm 24, married and live in California - the rest of my family is in IL.
Any input would be appreciated.
Answers:
I would suggest talking to you stepfather and simply asking if he would mind if you took your sister for just a short time because you miss her. Most males see this as a babysitter so they can go play while the baby is gone. If he gets used to the freedom of not having to maintain a child and being able to come and go as he pleases, he may be willing to sit down and sign over custody without a fight. Also, this freedom he would have could give him time to sort out the issues he is currently suffering from, to help stabilize his own situation. The question you would need then to ask yourself is "If he is mentally healthy, and financially capable, would you be able to allow your sister to return to her daddy?
If you can prove that neither parent is fit, then you can prove that it is in the best interests of the child for you to have custody. Sounds like you have a chance.
Yes, you should at least 'try' to get custody of your little sister ... and you'll need to hire a 'good attorney' to help you do this ... even if they live in Illinois and you live in California, you'll need a 'California attorney' to help you hire an attorney in Illinois so they can 'work together for you' so you can have a 'better chance' to get your little sister. Good luck, and I'll pray for BOTH OF YOU!
Chance, yes. How good is another matter. IT primarily depends on what her father wants; he's the parent. Allegations that he is suicidal %26 endangering her custody is more likely to get her removed %26 placed in foster case at least for a period of time. If you want her, talk to her parents.
All I can say is, Would you be able to sleep at night if you didn't at least try to get her and then something happened to her. The answer to that question will give you the answer to the other. You may have to go to IL to fight for her but it would be worth it.
The worst that can happen is that the courts tell you no but at least you tried and if nothing else, it will get protective services involved to keep an eye on her and to try to make sure that she is safe.
You have to think of her first and then worry about the rest later. Maybe you could ask if you could take her to your home for part of the summer and then once you get her there, file an emergency injunction to keep her. It would be easier on you if you were in the same state.
Good Luck to you and her and God Bless.
I am so sorry you have had to endure so much at such a young age. Bless you!
For the sake of your little sister I suggest that you make every effort to get custody. Do not take your stepfather's threat to kill himself lightly, and do not assume he will not take your little sister with him.
Please, please talk to a lawyer right away..I think you do have a good chance of custody if you have a way to take care of her. Also, do some research on this... check out childcustody.net.
Bless you for thinking of taking on this responsibility. Your sister will be grateful to you for it. Her life at this point cannot be that happy.
so many states want to keep the kids with the bio parents if at all possible. you could try to see if the parents would give them up and sign away there parental rights so you can keep without there interference. or see if the courts would alow you to have the children which probably is doubtful... check with a family law attorney in the state where and the county where the kids are at and explain your situation...
Listen, the FIRST THING I would do if you ambled into my office with this situation is to pick up the phone and call the police. Inform them that your stepfather has unsecured guns in the home, a small child and has been talking about suicide.
I would ask that an administrative hold be ordered and a psyche eval. Then I would advise you to file a petition for guardianship over the sister until such time as the court has deemed your stepfather competent.
After that, it's a civil matter.
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