Long story short – My mother adopted my niece when she was a newborn. My niece is now 16 years old and my mother has told her that she does not want her living with her anymore. (This happens all the time when they fight) but that she can just stay with my sister. My mother has done this numerous times but then changes her mind. The bottom line is that my niece needs to be here with her biological mom. My sister is a wonderful mother and wants nothing more than to have her daughter. My question is: Do we need to get an attorney to file papers with the court for legal guardianship? My niece lives in Northern CA and we are here in the San Fernando Valley. I know that the paperwork needs to be filed in the county where she lives but what if my mom changes her mind and does not sign off on it? Does anyone know a good attorney that can help us with this process or has anyone had any experience on this?
Much Thanks
Find an attorney that practices family law but also works with adoptions. My divorce attorney was one of those. They will know the laws and how to work them better than anyone.
I have legal guardianship of my granddaughter. Yes, if your neice is going to be living with you, then your sister should obtain guardianship so that she can enroll her in school, consent to medical treatment, etc. You don't necessarily need an attorney. All the forms you need can be found online at accesslaw.com - select Judicial Forms and then Guardianship. There is a consent form for your mother to sign. If she signs, the Guardianship will go forward uncontested. Unfortunately, you will still be charged a court investigator fee of approximately $400, even though no investigation will be conducted because mom signed a consent. If mom doesn't sign the consent, you can still file, serve her with the papers and it will be up to her to contest. If that happens, you can be sure that the investigator's fee will be more than $400.00. Again, I don't see any need to get an attorney unless mom contests AND there are things in your sister's background that may be problematic. Since your neice is 16, I imagine the court investigator will interview her to find out what she wants. Good luck. You can send me a PM if you have any questions regarding procedure. I am a legal assistant.
I think your sister should talk to an attorney. A consult should give her enough info as to the steps to follow.
Maybe your niece can seek emancipation?
I've gotta say, I think it's just horrible for your mom to say this to your niece. Just awful. No matter the disagreements. How hurtful and selfish!
Hello. Your niece deserves better than she is getting from your mother. I think she is old enought to have a say in this. If I were your sister, I would file in the county where this child lives and see if she can get guardianship. Your niece might be able to speak and tell what has been said to her. I had guardianship of one of my grandsons when he was an infant until he was three. I would have never said something like what she has said. No child should have to hear that someone doesn't want them.
Good luck.
K. K.
I'm assuming your mother has adopted your niece and your sister's parental rights have been severed. If not, they could just adjust their parenting plan. Otherwise an easy solution could be for your mother could give durable power of attorney to your sister for your niece. It can be revoked at any time, would not sever your mother's rights, but would allow your sister to raise your niece and make medical and educational decisions.
I don't know about the legalities but I have dealt with many 16 year old girls.
Why can't your niece just go live with your sister? At 16 they are practically adults, and no one can really stop them from doing something they want to do. I think she doesn't have much longer till she's done with high school, and waiting for some legal action can waste precious time that she can be living with your sister.
She should just tell your mother -- I'm living with her, And go.
I would talk with a family law attorney. In my experience, with my stepkids, once they turned 16 the courts typically let them live where they choose. If forced to live with a parent they don't want to be with, they are old enough to get in a car and leave... (This is exactly what my SD did at 16. She waited until her mother went to work, threw her clothes in the car and drove from Chicago to Minneapolis to live with us. The court approved.) So unless the person she wants to live with is incapable, incompetent, etc. I believe a court would "rubber stamp" this change. BUT, laws do vary by state. So I would talk with a lawyer.
