Guardianship

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Alarmed

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My husband and I have had 'temporary guardianship" of my niece for 3 years. This was an agreed temporary guardianship with her parents. The guardianship ends the last day of school. Her mother wants her returned to her. Is there any way we could prevail in court to get a permanent guardianship? She is 14. She completed junior high here and wants to go to high school.
 
There is a LOT missing from this story and those details *may* make a difference. If this was just an agreement between your sibling and you, you have no legal claim to the child and the child lives where Mom and Dad say she lives. Getting custody away from the legal and biological parents against a parent's wishes is extremely difficulty and reserved for the most dire and rare of circumstances. Wanting to go to HS where you live is not even going to come close.
 
There is a LOT missing from this story and those details *may* make a difference. If this was just an agreement between your sibling and you, you have no legal claim to the child and the child lives where Mom and Dad say she lives. Getting custody away from the legal and biological parents against a parent's wishes is extremely difficulty and reserved for the most dire and rare of circumstances. Wanting to go to HS where you live is not even going to come close.

There isn't much missing. She was just in transition moving after my nephew graduated high school, so my niece came to stay with us until she knew the area and knew a good place to live. We could nit pick some of her decisions as a mother, but nothing endangering my niece, and my niece will say she wants to stay with us because she has been here and has friends and likes the school. The only difference in our situations is that my husband and I own our home, make good money, have a great high school for her to attend, and can provide material things. I just thought since she has been here 3 years (11-14), is adapted to her lifestyle, that we would have a good chance of getting a permanent guardianship.

We all did sign a temporary guardianship form - nothing court ordered. The father will agree with her staying with us because my niece wants to. The only other thing is for the 3 years she was here, my sister only sporadically visited and did a lot of things with her own friends where she lives. Since you say things *may* make a difference, can you tell me what things would make the difference?
 
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None of that will make one iota of difference. Things which might would be an inability of the natural parents to care for the child due to a disability, extreme abuse, addiction, or incarceration. Children are not subject to "Finders Keepers", nor will a court grant you custody over the mother so that the child can live closer to a certain group of friends or benefit from your ability to provide material things. How often she visited and the state of her social life while the child was with you will have no bearing at all.
 
I don't see, based on what you posted, that it would even be worth talking to a lawyer about this.
 
We were told that a Judge would consider the minor's wishes, and the best interests of the child. We believe that it is in her best interests to remain with us since she is established here. Her mother also has been upset about this situation, and is causing my niece some stress.

We were also told that my sister would have to prove there was a good reason for her to be returned.
 
We were told that a Judge would consider the minor's wishes, and the best interests of the child. We believe that it is in her best interests to remain with us since she is established here. Her mother also has been upset about this situation, and is causing my niece some stress.

You don't need to convince us, explain to us, or litigate your issue here.
We have no legal authority to grant your wishes or inhibit your wishes.
Again, I suggest you retain an attorney, or at least visit a few in your area to learn more about how you might achieve your desires.
Good luck.
 
I wasn't trying to litigate anything. I was asking advice based on my case situation. I have no problem talking to lawyers in my area, but many will tell you what you want to hear just to take your money....thus the reason I was asking for an unbiased opinion of my case before I proceeded.

Thanks to Elle and Betty for your input.
 
It isn't clear who told you the judge will take the minor's wishes into account or only look at the best interest of the child but while those concepts are true in some limited cases, context is everything and in this context, they would not apply. Judges may take a child's preference into account when it comes to deciding between two parties which have otherwise equal legal claim to the child, such as parental divorce. The judge is not bound to grant the child's wishes but many do consider a teenager's feelings. The presumption is that parents have a legal right to their own children and may parent them as they see fit, so long as they do not put the child in immediate harm or break any laws in the course of that parenting. Judges are very reluctant to remove a child from the natural parents. "Best interest of the child" does not mean they will simply pick the person who can give the child the "best" life and for good reason. There is always someone out there who could provide a child even more than you can or would allow your child to have an experience you are unable to provide. That does not mean all that person has to do is petition the court for custody and take your child away from you.
 
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