Take guardianship of nieve

[MichiganMom]

Jurisdiction

Michigan

My sister is deceased, my niece's father is around but not capable or wanting to take full responsibility of his daughter. When my sister died 5 years ago, our other sister took guardianship. My sister just got divorced & is enjoying her life, no longer putting her children first. Her ex is considering taking her to court for sole hysical custody of their daughter, I feel it will benefit my niece to live with me & my husband. How can I take over guardianship? I feel my sister won't willing let her go because she relies on her money from the state to help pay her bills.

 

[army judge]

My sister is deceased, my niece's father is around but not capable or wanting to take full responsibility of his daughter. When my sister died 5 years ago, our other sister took guardianship. My sister just got divorced & is enjoying her life, no longer putting her children first. Her ex is considering taking her to court for sole hysical custody of their daughter, I feel it will benefit my niece to live with me & my husband. How can I take over guardianship? I feel my sister won't willing let her go because she relies on her money from the state to help pay her bills.

You can't take someone's child because you believe the other person is a poor parent.

You CAN report all cases of child abuse, neglect, or molestation to your state's child services agency, or the local police department, both of whom will see to it that the child is protected.

 

[Michigan_Mom]

You can't take someone's child because you believe the other person is a poor parent.

You CAN report all cases of child abuse, neglect, or molestation to your state's child services agency, or the local police department, both of whom will see to it that the child is protected.

 

[Michigan_Mom]

There are 2 daughters (nieces)
1 my brother-in-law is seeking to gain sole physical custody of from his ex wife (my sister) &
my niece whose mother died 5 years ago....being cared for by our sister she took over guardianship of her, she didn't adopt her. This niece has a lot of behaviour issues, my sister has said many times she is fed up with dealing with her, I've told her on several occasions I will take over care of my niece. I feel she doesn't want to give her up only because she wants to continue receiving money from the state for her. I thought maybe I can petition the court to allow me to takeover, but would like to verify if & how? This niece's father is around but doesn't want to take responsibility for his daughter, he is very sick & can barely provide for himself. He would love for me to takeover caring for his daughter.​

 

[army judge]

There are 2 daughters (nieces)
1 my brother-in-law is seeking to gain sole physical custody of from his ex wife (my sister) &
my niece whose mother died 5 years ago....being cared for by our sister she took over guardianship of her, she didn't adopt her. This niece has a lot of behaviour issues, my sister has said many times she is fed up with dealing with her, I've told her on several occasions I will take over care of my niece. I feel she doesn't want to give her up only because she wants to continue receiving money from the state for her. I thought maybe I can petition the court to allow me to takeover, but would like to verify if & how? This niece's father is around but doesn't want to take responsibility for his daughter, he is very sick & can barely provide for himself. He would love for me to takeover caring for his daughter.​

Anyone is free to petition a court to request a wrong be corrected, or to seek custody of a child.

That doesn't mean the court will hear the matter, however.

In this instance, you might want to approach child services, inform someone as to the conditions the child is enduring, and how she is neglected, and you wish to help.

My sister did that for two of her grandkids. Her daughter was abusing drugs, neglecting the children, much as you have described.

It took some effort and prodding on her part, eventually she received emergency custody, which over time has become permanent custody. My niece, her daughter, had her rights stripped by the state.

The kids are now safe.

Sometimes child services, if you tell a compelling story, be persistent, get to the right person works!

 

[ElleMD]

If your sister and her husband are the child's legal guardians, then you will have to petition the court to change the guardianship. Bear in mind that courts are very reluctant to do this unless there is a very compelling reason. Unless your sister and her husband are truly neglecting or abusing the girl, a judge is going to be mighty cautious before uprooting a special needs child to yet another home. Frustration with her challenges and a divorce are not going to be enough to warrant a change in guardianship. Frankly, the ones who have been raising her the past 5 years stand a much better chance than you do.