Skip to main content

Can I gain legal custody of my sister?

Blackfoot, ID |

There's a lot to it. I'm 17 and I just had my own daughter a week ago. I'm married. We have an apartment.
My mom has been in and out of my life since I was about 9 and my dad has never been apart of my life. I was raised by aunts and uncles. She has always been a drunk.
My mom has a 6 week old daughter. She dropped her off for me to babysit two days ago and still hasn't came to pick her up and told me she would be back later that night. Hasn't texted/called me back either. I believe my sister is being neglected when she is in the care of my mother.
This isn't the first time she's done something like this. If I keep a record of everything that has happened, is it possible for my husband and I to gain custody of my sister?
My sisters father is my mothers boyfriend. He isn't around much.

+ Read More

Attorney answers 1


The statutory bases for a court to grant a guardianship or de facto custodianship are quite limited. At present you have two problems: you are a minor, and the child has been with you only a matter of days. By and by, if the situation persists, you will be able to proceed under either the guardianship statute of the de facto custodian act (which requires 6 months of placement with you by the parent). The de facto custodian proof may be the easier because it is not necessary to prove the parent unfit only that the child has actually resided with the de facto custodian.

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.