My husband's mother passed away 2 yrs ago while in the middle of a messy divorce. She told my husband if anything happened to her, she wanted him to take his sister but passed away before filing the paperwork. She took care of an elderly friend and moved her in with them due to her declining heath. When my mother-in-law passed away her husband did not remove his daughter from the home he left her with the ailing friend. He passed away this week, my husband wants his sister with us, she wants to stay and care for the elderly friend. My husband is concerned the ailing neighbor has to many health issues to properly care for herself let alone a minor child. It's only my husband and myself at our house and we feel we can give her the best care and have the proper room for her to have privacy.
I suppose the immediate issue of her current care is being met to your satisfaction? The next step would be to hire an attorney to file a petition for guardianship of a minor with the local orphans court.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature.
Mr. Zelinger is right. I add that your sister is old enough that her wishes may fall under the court's consideration. Best of luck to you.
This answer does not form an attorney-client relationship, and is not legal advice. Only an attorney that has agreed to represent you may give you advice specific to your situation.
Mr. Zelinger is correct, you need to hire an attorney to petition for guardianship. Since her father is still living, he has the primary right to have her live with him. Your lawyer will have to deal with that issue. I had a case of that nature where the mother survived the father (they were divorced). Father had a will stating that his sister should take his son. Mom came forward seeking custody. As the gentleman from Utah mentioned, the court, because of the minor's age, did take into consideration what the minor wanted, and he wanted to live with his aunt and uncle, so they, not the biological mother, were granted guardianship. If your husband's sister does not want to live with you, that could be a factor in whether or not you prevail. Good luck!
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