How do I get custody of my younger sister?

Guardianship is a legally binding, permanent supervisory relationship between an adult (or adults) and a child. A guardian may be a relative or may be unrelated to the child, and the parental rights of the child's parents may or may not have been terminated.

What you seek to do is modify a prior guardianship order. It may have to be done in New Jersey. But you will need legal assistance with all this without a doubt, especially if your older sister will not relinquish her rights.

Your status in Alaska is also important: are you a permanent resident (not a student)? Are you employed? Do you have a stable living environment? These may or may not be factors considered by the courts in your state or New Jersey. The age of your sister will also be a factor in determining if the court will hear her desires and give them any weight.

In Alaska, it is my understanding that a positive guardianship study must be completed, and a child must reside with the guardian family for at least six months, before a court hearing can be scheduled. The OCS Director or Designee must review permanent guardianship plans for children under 10 years of age. When a guardian is appointed, OCS supervision ends, and foster care payments cease.

Financial assistance in the form of a guardianship subsidy may continue. The guardianship order that is issued by the Superior Court specifies the guardian's rights and responsibilities which include responsibility for the physical care and control of the child, the determination of where and with whom the child will live, the right and duty to protect, train, and discipline the child, and the responsibility of providing the child with food, shelter, education, and medical care. Subsidy agreements are reviewed annually, and can be renegotiated as the needs of the child or family change. Good luck.