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Can an 18 year old employed sister living in NJ become the

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Can an 18 year old employed sister living in NJ become the legal guardian for her 16 year old sister? Their father is desceased. Their addicted, termonally ill, mother lives in Florida, just got out of jail again, and left both of these 2 daughters with her sister (Amber) years ago to raise.
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
Yes, that is possible. If Amber is the 18 year old employed sister she can file for legal guardianship of the girls given that she has had them in her care and raising them all this time. She would need to file in the state where the girls currently reside which appears to be NJ. An attorney is recommended to represent if the mother is likely to object to this request. Legal guardianships are granted when the children's parents are unfit to care for their own children and you are in a better position to take care of them.




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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.



Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 3 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
July is the 18 y/o employed sister in NJ who wants custody of 16 y/o sister Molly. Amber (Aunt in FL) does not want July to be guardian. Amber wants my adopted daughter (sister of these 2 young girls) to be guardian since she is 27, married, and has a home. 16 y/o Molly wants to live with sister July in NJ near paternal grandmother who helps them. Molly 16 y/o is in VA now with my daughter waiting to hear how to proceed legally. I think what you are saying is for July to get an attorney and to file for custody of Molly in the state where July now live (NJ). Last, if July can legally be Molly's custodian, can Molly get her Social Security and Medicaid sent to NJ for her own care?
Expert:  Attorney & Mediator replied 5 years ago.
I just noticed your additional information come up after posting my answer.

Okay, July is going to have a harder time getting guardianship of Molly because July has not had Molly living with her for a period of time. Greater chances of getting custody are with your adopted daughter since Molly is being raised there. Had July taken care of Molly she would have a better chance of asking for custody because July can show that she was taking care of Molly all this time. Since this is not the case, the court would rather place with your adopted daughter because she is older and has been taking care of Molly.


Lastly, any custody case would need to be filed in the homestate of Molly, so in this case if July wishes to attempt getting custody of Molly, she will need to file in VA the current state in which Molly resides in as that state has jurisdiction over the child. But given the information provided July will have a harder time as she has not had custody of Molly for some period of time.


_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 3 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Amber has been raising Molly in FL for several years. She sent Molly to visit here in VA only a few days ago and then called saying Molly was not to fly back to FL this Thursday as planned. Amber is forcing Molly to stay in VA with my 27 y/o daughter and family. We don't have the heart to put Molly on the plane knowing Amber will not pick Molly up at the airport. Both July and Molly want to be together in NJ where July lives and works. Our question is what is the legal thing to do.
We will let Molly stay in our home for a temporary time until July closes on her new home and can create a place for Molly. My 27 y/o daughter just had a baby, and they do not have the financial means to support Molly for at least the next two years. She would want to help, but Molly's 1st choice is to live with July in NJ who she has grown up with. Further her paternal grandmother lives near and can help financially.
I better add a bonus for you.....this has been remarkable and difficult to explain. Thank you for your help.
Expert:  Attorney & Mediator replied 5 years ago.
Thank you for your clarification.

I see now.

As to jurisdiction for custody, this is going to have to take place in the state where the child has been residing for at least a period of six months. So if this was Florida before visiting in VA, Florida will be the state taking jurisdiction.

July will have to petition in Florida to take guardianship of her sister. Things would be eaiser if the mother would agree to this. But Florida does permit the filing for an "involuntary guardianship" when the parent of the minor is not able to take care of the child. This is clear given that the mother is refusing to take custody of the child. A relative who is capable of taking care of the minor can file. So July can proceed. Given that she lives in another state, she should have a Florida lawyer helping her with the paperwork.

You and July can review further information about guardianships of minors here.




_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “AttentionCustomerrdquo; Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 3 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you so very much. This clarifies my question and your answer is helpful, even though the road will not be an easy one for any of us in resolving this situation. Again, thank you. Barbara
Expert:  Attorney & Mediator replied 5 years ago.
Glad to be of help Barbara, I do wish you and the girls all the best of this unfortunate situation. Thank you for your accepts.

Customer: replied 5 years ago.
Thank you. We will carry on and get through this. Your legal counsel was very much appreciated. This is an
amazing service. Hopefully life will not surprise me with anything so complex and heartfelt as this situation anytime soon again. We will manage:) You have been a positive help in resolving this experience.
Barb

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