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Custody/guardianship for my sisters

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Branbran1023

Junior Member
What is the name of your state (only U.S. law)? Minnesota.
I am 29 years old and married. Originally from California. My father died 4 years ago, leaving behind our mother,and two sisters (at the time they were 9 and 12) they all were living in California while my husband and I were living in MN. My mom fell into meth, and eventually homelessness. I persuaded my mom to move out here 2 years ago with my sisters. They all lived in our house for a few months, then one day my mom said she was moving back to CA and leaving my sisters with me. That was January of 2014 that she left. She did not give me any legal documents to take care of my sisters. I was able to, after a lot of battle, to begin to receive the girls social security $ from my dads passing.
Now, we are at the point where we need more legal documentation. My sister is almost 16 and we took her to take her permit test to drive, and they won't give it to her without me being a guardian or parent. We also have to always worry about what will happen if any sort of medical emergency arises. My mom is currently in a rehab in California, but once she is out she is homeless, jobless, with a felony on her record that has kept her from getting a job (unemployed the whole time) for 5 years. Any advice on how to get guardianship or custody? I honestly don't know the difference between each. Advice on if it's likely that I will get awarded in my favor? I imagine this should be considered abandonment?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Minnesota.
I am 29 years old and married. Originally from California. My father died 4 years ago, leaving behind our mother,and two sisters (at the time they were 9 and 12) they all were living in California while my husband and I were living in MN. My mom fell into meth, and eventually homelessness. I persuaded my mom to move out here 2 years ago with my sisters. They all lived in our house for a few months, then one day my mom said she was moving back to CA and leaving my sisters with me. That was January of 2014 that she left. She did not give me any legal documents to take care of my sisters. I was able to, after a lot of battle, to begin to receive the girls social security $ from my dads passing.
Now, we are at the point where we need more legal documentation. My sister is almost 16 and we took her to take her permit test to drive, and they won't give it to her without me being a guardian or parent. We also have to always worry about what will happen if any sort of medical emergency arises. My mom is currently in a rehab in California, but once she is out she is homeless, jobless, with a felony on her record that has kept her from getting a job (unemployed the whole time) for 5 years. Any advice on how to get guardianship or custody? I honestly don't know the difference between each. Advice on if it's likely that I will get awarded in my favor? I imagine this should be considered abandonment?
File in the local court and request custody on the basis of status quo.
 

LdiJ

Senior Member
File in the local court and request custody on the basis of status quo.
I agree. They have been with you for a year and a half and your mother is in no position to challenge your filing. It would be easier and quicker to do it with an attorney.
 

stealth2

Under the Radar Member
I would highly encourage using an attorney. Good on you/your spouse for stepping up for your sisters. I'm not generally fond of this type of thing, but in the situation as you describe it...
 
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