What to do if my minor sister lives with her mother but is not being cared for properly?

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What to do if my minor sister lives with her mother but is not being cared for properly?

Her mother cannot hold down a job, doesn’t have a permanent place to live, and does not enforce going to school for my sister. She will often give permission for my sister to come over to my house but then changes her mind and threatens to report my sister as a runaway if she doesn’t come home right away. Currently they are staying in a mobile home with her mothers boyfriend and about 6 other people. Our dad is out of the picture but I am 29 and have a full time job and a secure place to live and in the past had temporary guardianship when her mother was in prison. Is there a good chance a judge would allow me temporary guardianship again?

Asked on December 5, 2012 under Family Law, Idaho

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, I think that there is.  Custody and guardianship determinations are made "in the best interests of the child."  If you have proven yourself as her legal guardian before then you have a one up on most people.  I would speak with a social worker and your sister's school.  I would seek what ever the law will give you. Your sister is lucky to have you. Good luck.


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