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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118089
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My sister, her 6 yr old son, our mother and I all currently

Resolved Question:

My sister, her 6 yr old son, our mother and I all currently live together. He was born with a medical condition so for financial reasons we chose to share a home to take care of him (his father has seen him about 10 times since he was born). My issue is my sister does not take care of her son. Grandma and I do. We purchase all of his DME products, all school supplies, clothes, toys, etc. I handle his day to day care, take him to school, prepare his meals, put him to bed. My sister does as little as possible and spends most of her time going out, never saying goodbye to her son or asking about him when she returns (whenever that may be). I am VERY concerned she will try to remove him to move in with her newest boyfriend and disrupt his current stable enviroment. She does not make the best choices and frequently hangs out with people I know are being watched for drugs (we live in a small town). If it cames to it, is there anything I can do to gain custody for his saftey and hlth
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 years ago.
The problem here is that without getting child protection involved, I am afraid you would really not have grounds to win any court custody case for the child. The grandmother of the child would have the best chance to try such a case and would have to prove the mother to be incompetent to care for the child. However, if the mother proves she is competent then grandmother would not succeed. The best way to try this is to get the mother to agree to court ordered guardianship by convincing her that it makes it easier for grandmother to deal with the needs of the child when she is away. Once you can get her to agree to give guardianship in court, then she cannot get that removed unless the court removes it and then grandmother can make her arguments about the mom being not capable of taking back guardianship (this is a bit of a backhanded way of accomplishing this, but it is better than the last resort of using child protection).

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