Legal Question in Family Law in Montana
Niece in need of help
I have a 13 yr old niece that I feel isn't in a good situation. Her mom and new husband make her do all the cleaning cooking and babysitting. She isn't really happy there. If it was left up to her she would want to live with me. Her mom will not allow this. At that age does she have any options or does she have to deal with her situation
1 Answer from Attorneys
Re: Niece in need of help
Tread very carefully here. First, before you jump into another family�s fray, I hope you get both
sides to this story. A thirteen year old might consider taking out the trash every night and helping
with the dinner cleanup too burdensome to bear. Did your niece recount all the chores her parents
�make her do?� or did she say only that she does �all� the cleaning?
Ask Niece to write down all the chores her parents �make� her do, including all the steps
required to complete the chore, how many times a week, how long each one takes. Write down
�all� the babysitting she does, including dates and times, and what she has to do (in other words,
are the parents going out in the evening, so the child is asleep most of the time? is niece required
to feed, bathe, pick up after, the child?).
Second, I seriously doubt you would prevail in a suit to gain custody of a child who is required to
do chores. However, you can count on destroying any friendly relationship you might have with
your relatives. Of course her mother will not allow her to live with you. Would you allow your
13 year old daughter to move out of state because her aunt thinks you�re a meany?
Third, at 13, no, your niece does not have any decree of control over where she lives. If she is
truly being physically abused, she can report the abuse to a teacher or her pastor, but she better
have more than �they make me do chores� before she throws the family into that turmoil. She
must understand that the Dept. of Child and Family Services will open a case and literally take
control of this child�s life and parenting until they are satisfied that either nothing was amiss in
the first place or that the parents have followed the treatment plan to the state�s satisfaction.
Fourth, you might consider talking to friends who have kids this age. Ask what chores their kids
have and how cheerful their kids are to do them. It will give you and your niece some idea of
what �normal chores� are for a child her age.