What to do if I want to get guardianship over my nephew since the father feels that my sister is a danger to herself and to the baby?

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What to do if I want to get guardianship over my nephew since the father feels that my sister is a danger to herself and to the baby?

She has a history of attempted suicide and has recently stolen the fathers medication to try and hurt herself. She is mentally and physically abusive towards her fiancé. We tried to help her on our own, the baby stayed at my house for a couple of days and she agreed to sign guardianship. We tried to take her to the behavioral health center to be evaluated but at the last minute she backed out, she has since refused to talk to us and won’t let us see the baby. What would be the best way to handle this situation?

Asked on June 24, 2015 under Family Law, Idaho

Answers:

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

Answered 6 years ago | Contributor

Please seek legal help as soon as possible.  You need to make an emergency application to the court for guardianship.  The fiance and father of the child will have first preference but can consent to you have physical custody if need be.  Good luck.


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