Legal Question in Family Law in Colorado
Is This Legal?
My great-aunt has permanent sole, legal, and physical custody of my little sister. My sister was mistreated there and misbehaved so my great-aunt told her either she would send her to a foster home or send her to live with our other aunt. My sister chose our Aunt ''D''. They did not go through the court. My sister has been residing for ''D'' for a year. Is this legal? My sister is mistreated with ''D'' as well, and exposed to drugs. I will be attempting to gain custody of my sister. I live in New Mexico, they live in Colorado. I am 19 and I am trying to find out how I can get custody of my sister or at least have her live with me.
1 Answer from Attorneys
Re: Is This Legal?
Depends on Colorado law. You need to know the process by which your first aunt got custody: some kind of guardianship? Adoption? Under New Mexico law the aunt with custody would be able to move her to the second aunt's home but the first aunt would retain all the parental powers: deciding where she goes to school, doctors, etc.
To break her loose in New Mexico could follow a couple of paths: a complaint of abuse or neglect to the Children Youth and Families Department could result in the state taking her away and looking for a new home that could include yours; or a petition to the court (if it was not an adoption) to change the guardian.
You should contact a Colorado lawyer to get the details of how these processes work there. Most states have roughly similar laws but the details can be different. Try going to the Colorado State Government web site and looking for the department that handles abuse and neglect of Children.
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