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SaRily · Jan 7, 2009, 10:23 PM

I need some help. I live with my mother and my dad got into some trouble and lost custody of my little sister to his soon to be ex wife. She is not my little sisters real mother and they live in South Carolina while I live in California. He won't come back to California until he has custody of her. None of his family is helping. What I would like to know is how can I, a 17 year old, get custody of my little sister, an 8 year old? Please if you could help me! I would greatly appreaciate it.

SaraKammeraad · Jan 8, 2009, 09:14 AM

First you have to have income that can provide for yourself and her. Second you have to have a place to live, they do not consider your parents home to be good enough. After you get some of this stuff in place or at least an idea of it, you should take some parenting classes. It would e very hard for you being 17 to get custody bt it is possible. After you stat on some of this stuff you would need to have a plan for the next 30 days, 90 days, 6 monthes, and so on. They want to know what your plan is if you have her. You would need to have a babysitter that you an trust, that she can trust, and that can pass a criminal background check, because yes they will check. The only thing that I'm not certain about is where to file, I know some states require you to file in your state and others it depends on who has jurisdiction, if jurisdiction has already been set, and then being the she's in a different state you might have to file with them. That all has to do with what the state laws say and the best way to get the information is by calling the courthouse in your area and getting the legal aid number and asking them about some of your questions.

JudyKayTee · Jan 8, 2009, 09:21 AM

Originally Posted by SaRily

I need some help. I live with my mother and my dad got into some trouble and lost custody of my little sister to his soon to be ex wife. She is not my little sisters real mother and they live in South Carolina while I live in California. He won't come back to California until he has custody of her. None of his family is helping. What I would like to know is how can I, a 17 year old, get custody of my little sister, an 8 year old? Please if you could help me! i would greatly appreaciate it.

You have to be legal age (which is 18 in California), totally emancipated, employed and you would have to go to SC and file there.

Anyone attempting to take custody from person who currently has custody by Court Order (and I have no idea why a stepmother would receive custody over the interest of the natural father or natural mother - could you explain this?) would have to prove that the person who presently has custody is unfit or a danger to the child.

If your father cannot get custody from the stepmother I don't see that you have a chance - he and the child's mother would be "next in line" in the chain of custody.

I think your intentions are good but what you propose is almost legally impossible.

Starbucks21 · Jan 8, 2009, 09:41 AM

Is the step mother the adoptive mother?

If so you would need to provide information on if she's a unfit mother.

The best option would be either the biological mother fights custody or the biological father.

Third would be the biological grandparents or a biological aunts or uncles

I'm sorry sweetie but unless you convince the court you yourself are stable enough to care for a child at the age of 18 (good job... safe place... ) It's near impossible

What is the trouble? It would have to be a great deal for the court to prefer the step-mother.