How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ellen Your Own Question
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
Type Your Family Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

My sister, Mary was recently abused by our father. Bloody

This answer was rated:

My sister, Mary was recently abused by our father. Bloody lip and a black eye. She lives in SC. She has been seen by DCF and the police the night of the incident. She and I want her to come live with my wife and I in Fl. Mary is 15 1/5 now. We had her for nearly a year in 2003/2004 after a car accident. My father recovered from his physical injuries but he has never been quite right mentally since the accident. I do not have a large amount of money for legal help. What can I do to help this child? I love her dearly and want to give her a better start in life.

WebLaw :

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

WebLaw :

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

You may petition the court for third-party custody of your sister. Based upon the fact that your sister was abused by your father and her age and preference, a court will likely award you custody.

Here is how it works.

The law presumes that it is in the best interest of a child for that child to be with a parent rather than with a guardian or third-party custodian-- even if that 3rd party is a sibling or other relative.This presumption may be rebutted by the totality of the evidence presented. If the court finds that the presumption in favor of the parent has been rebutted, you will also need to demonstrate a strong emotional bond with the child, in addition to an ability to provide for the child emotionally and physically.

I suggest that you retain local legal counsel to petition the court on your behalf

Ellen and 5 other Family Law Specialists are ready to help you

Related Family Law Questions