What to do if I have a 6 year old sister who am I interested in getting temporary custody of since my mother is an alcoholic and was an abusive relationship with her father?

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What to do if I have a 6 year old sister who am I interested in getting temporary custody of since my mother is an alcoholic and was an abusive relationship with her father?

There is currently a restraining order against the father from my mother but he can still see my sister. My sister has spent a great deal with her paternal grandmother (who am grateful for but also has a lot of issues, defends her sons abusive actions etc). Like I mentioned my husband and I were interested in getting temporary custody until they can all get the help (rehab, counseling) they need. I live in one state and they live in another. I’m truly concerned for my sisters well being.

Asked on December 9, 2012 under Family Law, Idaho

Answers:

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

Answered 8 years ago | Contributor

I can tell that you are concerned and your sister is very lucky to have you in her corner.  You would need to start an action for custody and guardianship of your sister and that would be done done in the state in which she resides, not where you reside.  Courts make the determination "in the best interest of the child" and from what you have stated here you seem to have a good shot.  Having a stable home environment is a plus for the courts.  Get legal help.  Good luck.


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