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

Asked over 1 year ago - 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)

  1. John J. Keenan

    Contributor Level 14


    Lawyers agree

    Answered . 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,... more
  2. David B. Carter Jr.


    Contributor Level 20


    Lawyers agree

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

  3. Daniel Findling


    Contributor Level 12


    Lawyers agree

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

    Community forum:

  4. Debra S. Keehn


    Contributor Level 6


    Lawyer agrees

    Answered . 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.

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Child neglect and custody

Child neglect is the failure to provide the necessary physical, medical, or emotional care for a child, but exact definitions vary between states and agencies.

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