Family Law Question

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Lotar

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Hey everyone,

Here's a scenario that hopefully someone hear can give me some help with.


My wife's 12 year old cousin has been in my sister-in-law's custody for about two years now, because her parents are drug addicts (speed) and my inlaws fought to gain custody of her.

Lately there's been a lot of family drama, and my SIL and her husband have been playing it up like she's some horrible kid. Well, it turns out this week (my MIL went to help them out because my SIL is near the end of her pregnancy and having some complications) that they have been treating the poor girl horribly, with my SIL being borderline verbally abusive, and they had submitted papers to get a court date in order to try to turn our cousin back over to her drug addict mother.

So, trying to make a long story short, my MIL put a stop to their plans and is looking for a place to rent out in Arizona so that the girl can live with her and finish out the school year. Then, we are planning on taking her back here to California, and my wife and I will take custody of her.

Does anyone have any idea how this might work legally, if my SIL is cooperative and the mother doesn't make an effort to gain custody?

Originally we got custody of her here in California, and they only moved to Arizona about a year ago.
 

cassc

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If her biological mother has not completed rehab or whatever the stipulations are in her case to regain custody then she would not be in a position to regain custody. Based on your remarks it sound like your SIL will not contest you takeing custody and child services typically will not have a problem with you taking custody even in another state otherwise the girl could end up in non-kinship foster care and childrens' services tries to avoid that. You may want to contact the appropriate department in CA to find out if you need any type of homestudy or parenting classes before you can take custody, I think it would be best to get those things out of the way in advance so that will not slow things up (they are sometimes waved fro family members so I can't be sure)
 
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Akathist

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Hey everyone,

Here's a scenario that hopefully someone hear can give me some help with.


My wife's 12 year old cousin has been in my sister-in-law's custody for about two years now, because her parents are drug addicts (speed) and my inlaws fought to gain custody of her.

Lately there's been a lot of family drama, and my SIL and her husband have been playing it up like she's some horrible kid. Well, it turns out this week (my MIL went to help them out because my SIL is near the end of her pregnancy and having some complications) that they have been treating the poor girl horribly, with my SIL being borderline verbally abusive, and they had submitted papers to get a court date in order to try to turn our cousin back over to her drug addict mother.

So, trying to make a long story short, my MIL put a stop to their plans and is looking for a place to rent out in Arizona so that the girl can live with her and finish out the school year. Then, we are planning on taking her back here to California, and my wife and I will take custody of her.

Does anyone have any idea how this might work legally, if my SIL is cooperative and the mother doesn't make an effort to gain custody?

Originally we got custody of her here in California, and they only moved to Arizona about a year ago.

If everyone is in agreement it should not be a problem. Basically the parental rights of the mother (and I guess father too) would not be in question, it would just be a matter of who was able to sign for medical treatment and to enroll in college and give consent for things, etc. If there was an issue of receiving "child support" things would be rather complicated ... but that is not addressed in your post.

At tax time you would want to know from them that they were not claiming her as a deduction because you could.

I think what you are doing is fantastic! What a gift of love to bring in this child and give her a loving home.

edited to add: I have seen situations as you described in which the state required that the extended family become licensed "foster care" providers... that can involve some fees and attending some meetings but I suspect you would be a shoe in to be approved. You might contact the local "Lutheran Social Services" office. They do foster care nation wide and often do preadoption and othe foster care evaluations. I think they might have a staff person who could tell you about the state laws for Arizona that apply to this situation.
 
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