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My sister has three children that she's not taking care of. How do I get custody?

Southfield, MI |

My sister has a total of 5 kids 2 of them got taken away because she neglected them. The other three she had years later are going through the same thing and I hate to have them end up in foster care. She hasn't bathed them in 2mnths and she leaves them at home by themselves and they are all under 5. I currently live by myself and make a decent amount. What steps do I need to take to try to get custody?

Attorney Answers 4


I would start by filing for guardianship in the Probate Court. From the facts you present, it sounds as if you would be successful in obtaining guardianship.

Best of luck to you,

John J. Keenan

This response applies to Michigan law only. This initial response to your question(s) is for general purposes, only, and is based upon the limited information you have provided. Therefore, this general answer should not be relied upon as a reason for your action or inaction. This response does not establish an attorney-client relationship; such a relationship may only be established by the signing of a written retainer agreement, and the payment of the agreed upon retainer. Please call me, or another attorney of your choice, with more details, and for an appointment to discuss same. Thank you for this opportunity to address your question(s).

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File a guardianship before CPS gets involved. Maybe your sister will consent.

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Custody is a legal term of art for biological parents. Guardianship is the term used for non-parents.

Community forum:

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File a petition for guardianship of a minor. Make sure to also file the social history, acceptance of trust, order and letters of authority. Get a waiver and consent from the parents if you can. Serve both parents with the petition(s), notice of hearing and then file a proof of service. Good luck.

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