Legal Question in Family Law in Michigan
Minor Living with Older Sibling?
Hi there. I'm 21 years old, living in Alabama. My family lives in Michigan, where I grew up. My mother lives off a very small amount of social security and refuses to find work. She's proven she'd rather live in a dangerous, yet cheap, trailer park rather than to get a job to live in a safer place. She moves constantly due to not being able to pay rent. My 13 yr old sister wants to actually finish a year of school without my mother pulling her out to move. (She had her ''homeschooled'' last year, which just made her get held back). My sister is an incredibly smart girl, and wants desperately to go to college to do well for herself. She knows she won't be able to do things like get a car & go to college if she's where she's at, and she wants to get away from my mother's extreme emotional instability. My mother doesn't even mind that my sister wants to live with me (she says she'd save money...) So my question is, how do I go about this? The only huge concern I see is getting her into school. Also, I make about 3-4 times as much as my mother receives in social security, if that makes any sort of difference. And there is no physical abuse. I apologize for my complete lack of knowledge on this situation ahead of time! Thanks so much :)
3 Answers from Attorneys
Re: Minor Living with Older Sibling?
You would have to petition the court to obtain legal guardianship of your sister so that you would have legal status as a parent and be able to enroll her in a school where you lived. Your mother would likely object to the petition, but that does not mean the judge/court would deny it, especially given the facts you just stated above. And, the judge would definitely take into consideration your sister's testimony and feelings on the matter.
Your petition would have to be filed in the county where the minor child currently resides. If you need to retain a lawyer to assist you with this, please contact me at your earliest convenience.
Thanks.
Re: Minor Living with Older Sibling?
If your mother is in agreement with you caring for your sister, you could possibly have her execute a Power of Attorney for Child Care. Typically, this would be limited to one year and can be revoked at any time. This would allow you to make decisions such as medical care and educational placements with regards to your sister's care.
Re: Minor Living with Older Sibling?
An experienced family law attorney in Michigan could assist you with either a limited guardianship or a custody order.
www.MidMichiganDivorce.com
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