How do I get custody of my younger sister?

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How do I get custody of my younger sister?

I am in the army stationed in AK. My younger sister’s guardian is her older sister in NJ. My younger sister has been living with me for almost 2 years now. Our mother and her father terminated there rights for her when she was younger. Her sister will not hand custody over to me. How do I get custody of her?

Asked on November 10, 2010 under Family Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to get legal help here.  This is not something that you can do on your own.  You have to petition the court for custody and terminate the prior guardianship order.  You will need really good reasons for the Court to do this.  You have not stated how old your sister is or why she is with you in Alaska but I am venturing to guess that she is old enough to testify as to her choices here and they have to be really good reasons too, and not just "mo other sister is too strict."  It can be a long and expensive batter if she contests it and it sounds like she will.  Get legal advice on how to proceed.  Good luck.


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