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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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Im 24 and is trying to get custody of my younger sister whom

Customer Question

Hi I'm Marissa. Im 24 and is trying to get custody of my younger sister whom is in custody to an aunt on her dads side. I don't know if our mother can get her back or not but I'm seeking to know what can I do to get her. They are not letting me visit.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I have reached out to her aunt several times to arrange a day when we could meet because we both live in different states. I live in Bossier, Louisiana and they live in Fort Smith, Arkansas. There was also an altercation between the aunts boyfriend and myself because I was trying to arranged a time to see her. It's frustrating because I did not do anything to have my rights as her sister terminated.
Customer: replied 1 year ago.
Our mother has been granted visitation and when I went to the first staffing they told me I could visit anytime I wanted to. They only ones with limited visitation were her parents! Only her dad has seen her and our mother and myself have always come up short on the visitations. Her aunt would promise then excuses like her school or she's having car trouble always interfere.
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

The best person to file an action for custody or visitation would be your mother. Siblings do not have the same rights as parents in seeking custody. They may be able to do so but they have a higher burden to meet as siblings do not have a constitutional right to the care custody and control of fellow siblings. If your mother files the petition for visitation or for custody you can join her in that petition as what is called an intervener. As long as she has no mental health issues and has a stable home she should be able to obtain custody back from Aunt, especially with your support. She needs to file as soon as possible in order to not allow aunt to have a longer status quo with custody time of your sister.

I hope this information and advice is helpful and I wish you the best of luck.

Customer: replied 1 year ago.
It's been a year already. I'm afraid it's too late for our mom to try to get her back.
Expert:  mmdesq replied 1 year ago.

Actually a year is not that long. I've seen Kase where grandparents have raised a child for 8 years and then father came back to the US and obtain custody. The question will be what is in the child's best interest. The more problems and concerns you can raise regarding how your aunt is raising your sister the greater your chance of success. If mother has also utilize this time away in order to remedy any issues she may have and has now solve those problems she would be in a good position.

Expert:  mmdesq replied 1 year ago.

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