What to do if my sister is 16 and I want to obtain legal custody of her?

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What to do if my sister is 16 and I want to obtain legal custody of her?

My mom doesn’t want to give it to me, though. Is there any way to get custody without going to court, especailly if my sister wants to move with me. Do I have to bring her to court? And is my sister old enough to decide where she wants to reside?

Asked on January 9, 2013 under Family Law, Minnesota

Answers:

Matthew Majeski / Majeski Law, LLC

Answered 8 years ago | Contributor

No, legally there is no way to get custody without going to court.  Also, as a practical matter it will be incredibly difficult to get custody of your sister away from your mother, even if some facts in your situation are favorable.  Your best bet may to work out whatever's going on to help your sister through this and bite the bullet until she's 18 when she can make these decisions for herself.

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello.  If I were to assist in this situation, I likely would want to discuss the matter privately with you and at great length, to learn about the full details of the situation. I often assist people in a 'limited scope' manner (which means, providing legal services on a limited, focused basis - this is also known as 'unbundled legal services').   I would urge you to phone several attorneys in choosing who you would want to help you because it is so very important that you feel comfortable with the attorney and feel a sense of great safety and trust. 


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