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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110449
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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After being unemployeed for 6 months and running out of money,

Resolved Question:

After being unemployeed for 6 months and running out of money, I let my teenage daughter (then 13 now 14) go live with my sister while I moved in my mother. Grandmother and grandaughter do not get along. I had been drinking also and started going to AA while living with my mother. My daughter is happy and enjoys the larger family atmospher and wants to stay another year to finish middle school. Am I an danger of loosing custody (I have full custody) if I allow this? Her father sees her one every two or three years and sends what he feels like sending financally. He travels and is self employeed and too difficult and costly to pursue in court (dit it once). I can no longer live with my mother - stress to much, she is very controlling. I work two jobs now, full time and part time and can financially suport us again.

My mother tells me that she an my sister are not going to let me have my daughter back. Can they actually legally do something to change my custody. her father does not know her, she remains angry with him because of his unkept promises and frequent long absences. Something I try to explain to her but although I understand her anger I am unable to get her talk about it and it is something I would like her to get some counceling for which isn't going to happen where she is.

Anyway, the question hidden in all was - can they take my teenage daughter? I was never arrested or had a DUI or court ordered treatment. I just realized I needed to stop because it had become a 4 evening or more habit. Can this be used against me?
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
Generally, if you have a written guardianship agreement with your sister and the father shows no interest and has not for years, NO you are not in danger of losing your rights to the child. However, if your sister proves you are an unfit parent, she can go to court and keep guardianship until you prove you are fit and capable of caring for your child again. The fact you went for help before it became a real problem is actually in your favor and it is not likely going to be anything that would be used against you in getting your daughter back.

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Customer: replied 5 years ago.
There is no guardianship agreement. Does this make a difference.
Expert:  Law Educator, Esq. replied 5 years ago.
Yes, without a guardianship agreement you can show up any time you like and take the child as your sister has no legal rights without such an agreement. You really should sit with a local attorney or legal aid if you believe there is going to be a problem with your sister and getting your child back.
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