Legal Question in Family Law in California

My mother's rights as foster parent to my little sister were terminated. Can I step in and get custody of my little sister, even though we're not biolgically related?

My mother was in the process of adopting my little sister. She became mentally ill, and could barley take care of herself let alone a two-year old. Though my sister is not biologically related to me, she has been with my family since she was two months, and is now two-and-a-half years old, and I consider her my sister regardless of blood relationship; I would travel to the end of the earth and back for my little sister if I had to!!

I was wondering if I had any rights relating to the custody of my little sister? And can I step in and possible get guardianship or custody of her?

Thank You


Asked on 1/06/10, 11:21 am

1 Answer from Attorneys

If you are over 18 and able to support the child, you can always ask. If she is truly in official foster care, the decision will be made under the same foster parent guidelines as for any person applying to be a foster parent. If you qualify, it would seem that then she would be a good match for you, since you already have a relationship. You need to be sure you have considered your mother's situation in all this, though. If you have care obligations to her, it may disqualify you from being a foster parent.

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Answered on 1/11/10, 11:32 am


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