Death of single mom and custody of minor children.

Asked over 3 years ago - Phoenix, AZ

My sister recently died leaving behind three girls ages 20, 17 and 12. The father is also deceased. My sister always indicated she wanted me or our other sister to assume custody of her kids in the event of her death. However, her eldest child is convinced she will get custody of her two younger sisters. We have explained to her that she not only doesn't need this responsibility (she is a single mom on welfare with 3 kids of her own) but she is incapable of it. None of us are sure how we go about getting started with the paperwork, etc, needed to transfer custody of the minor children to either myself or my other sister. We do not want the State to become involved and think we can do this without the need for a legal battle. Where do we start?

Attorney answers (3)

  1. Larry D Lamson

    Pro

    Contributor Level 12

    Answered . You need to contact a family law attorney as soon as possible. The court ultimately decides what is in the best interests of the minor children and it looks like you need to be proactive at this point.

  2. Steven J. Fromm

    Contributor Level 20

    Answered . I agree with the prior attorney; you can not do this on your own and need to retain an experienced family lawyer in the county where your sister resided. You need this attorney to advance your position in a legally compelling way. This can only be done by an experienced attorney who deals with these matters on a daily basis. Ask around, talk to people to get a recommendation of such a lawyer. This will give you peace of mind and will fully protect these children in the way you want.

    am not a NY real estate attorney and since this is really a real estate question you should probably repost it here under real estate. But my guess would be if the lease was with both your mom and dad, your mom would still be able to take advantage of the rent stabilization rules. Repost and if you do not get a NY real estate attorney to answer, then call around to find one who can help you and any costs would be minor.

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  3. Paulette Peterson

    Contributor Level 6

    Answered . I agree that you need to retain a lawyer to handle this - even if you can get the eldest child to agree. If you sister left a Will she may have nominated someone to become guardian of her minor children in the event of her death. If so, that would give you an advantage but you will need to file a Petition for Guardianship in any event. You may also consider filing a Third Party Custody Action.

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