Can I fight my uncle for guardianship?

[melmor1111]

Jurisdiction

Illinois

My siblings and I were placed in foster care & separated about 5 years ago. My 14 year old younger half sister was placed with my uncle and later he received guardianship. She was doing well with him, for a year or 2, but now he's unemployed, about to be evicted, emotionally abusive, oddly controls her appearance including forcing her to wear makeup & what she wears, had completely cut contact with my family & her 7 siblings (in person and via phone), and has on some occasions had her use her birthday money to help him pay his bills. It has gotten to the point that she has threatened on several occasions to run away, or commit suicide and I am deeply worried about her safety. I am 23, employed with the federal government, have stable housing & have visitation rights if our 2 youngest siblings. I am wondering what I can do to help her, and if it's possible for me to fight my uncle for guardianship? I also recently moved out of state and am I wondering if having to move her out of state would damper my ability to get guardianship of her? Thanks so much in advance for any advice given.

 

[adjusterjack]

It has gotten to the point that she has threatened on several occasions to run away, or commit suicide and I am deeply worried about her safety.

If that's true and she really is in danger (not just hype for sympathy) the proper thing to do is notify Child Protective Services and have them intervene.

Otherwise, you're an adult so, legally, there is nothing to stop you from filing for guardianship. Unfortunately, there is no way to predict whether or not you'd be successful

 

[zddoodah]

My siblings and I were placed in foster care & separated about 5 years ago. My 14 year old younger half sister was placed with my uncle and later he received guardianship.

Ok...if she was 14 when this happened 5 years ago, then she's 19 now and a legal adult who is no longer subject to the guardianship. Right? Or did you mean she's 14 now?

If she's a legal adult now, and if you're willing to let her move in with you, then she is free to do that.

If she's still a minor, yes, you can seek to be appointed guardian in place of your uncle.

Question: What became of your half-sister's parents?

If that's true and she really is in danger (not just hype for sympathy) the proper thing to do is notify Child Protective Services and have them intervene.

Agree.

 

[melmor1111]

Ok...if she was 14 when this happened 5 years ago, then she's 19 now and a legal adult who is no longer subject to the guardianship. Right? Or did you mean she's 14 now?

If she's a legal adult now, and if you're willing to let her move in with you, then she is free to do that.

If she's still a minor, yes, you can seek to be appointed guardian in place of your uncle.

Question: What became of your half-sister's parents?



Agree.

She was taken away from home at age 9, and is currently 14. Her father is currently being held in prison for life, after kidnapping her and her siblings. Her mother has lost all legal rights to her, due to mental and substance issues. She was placed with my uncle when we were all placed in foster care.

 

[leslie82]

My siblings and I were placed in foster care & separated about 5 years ago. My 14 year old younger half sister was placed with my uncle and later he received guardianship. She was doing well with him, for a year or 2, but now he's unemployed, about to be evicted, emotionally abusive, oddly controls her appearance including forcing her to wear makeup & what she wears, had completely cut contact with my family & her 7 siblings (in person and via phone), and has on some occasions had her use her birthday money to help him pay his bills. It has gotten to the point that she has threatened on several occasions to run away, or commit suicide and I am deeply worried about her safety. I am 23, employed with the federal government, have stable housing & have visitation rights if our 2 youngest siblings. I am wondering what I can do to help her, and if it's possible for me to fight my uncle for guardianship? I also recently moved out of state and am I wondering if having to move her out of state would damper my ability to get guardianship of her? Thanks so much in advance for any advice given.

If you have evidence she's being abused, I assume you called CPS already? If no, why not?

Is it possible to file for guardianship? Sure. Are you going to get it granted? No one on here can predict the outcome of that.

I would recommend find a few family law attorneys who do free consultations to get some advice on your options and what they think about your odds.