For a friend

[Finished2010]

What is the name of your state (only U.S. law)? MD

Hi just have a question for a friend. She has no internet service yet and asked me to post a question for her.

Friend has a sister who is 15. Sister has been in a group home for the past year. Their mother passed away 2 years ago and since sister is a minor she went to stay with dad and new wife. This is the story as I heard it...

Sister and step mom do not get along, supposedly there are numerous complaints filed by sister to police department??? (can minors file reports against parents or step parents) sister has talked extensively to school counselors about the step moms emotional abuse, not specified to me. sister has apparently called a child protective services agency not sure what they are called in MD and talked to them about this abuse. Sister calls an aunt and tells this aunt that she would rather stay in the group home rather than return home. This girl told her aunt she would like to live with her sister(my friend) Group home says she has 2 weeks left before her "time" is up. My friend spoke to someone at the group home and said that when she was released if she was there to pick her up they couldn't stop her as she is immediate family.??... Friend intends to fly to MD on the 19. She has no legal representation. She thinks that her sister being 15 gives her a right to decide where she lives, is she in any way correct? Once they do go to court, she knows she has to in order for her sister to be covered by any military benefits she has to become the legal guardian will her sisters wants be considered? Or is my friend just wasting her time. She also hasn't seen her sister in 5 years, will that matter. Just looking for advice for her, I think she may think this will be a lot easier than I think it will be, but hey I dont know jack!!! Thanks to all who take the time to reply.

 

[stealth2]

The group home may release the child to your friend, but I can all but guarantee that, when Dad shows up with the cops - he WILL be getting his child back. And if your friend takes her sister over state lines (i.e. to whatever state she lives in)? She will be facing some serious legal issues.

And no - the 15yo doesn't get to choose where she lives. She's a child.

 

[Finished2010]

Well those were my thoughts exactly. Well ok so does she have any options as she is most concerned for her sister. If there is such documentation of said "abuse" can she use it against her dad and step mom to get custody of her sister. She is in the process of getting a consult. As the older sister does she have any right to pursue this. I am sure she only wants what is best for her sister. Give it to me straight guys, I would like to be able to tell her something that will give her a clue as to what she is going to have to deal with, what can she do as a concerned older sibling with a steady source of income, excellent health benefits, and a desire to help her younger sister, legally of course!! Is there a starting point for her, can it be handled out of court, would she need to try and adopt her sister????? Thanks again

 

[stealth2]

Well those were my thoughts exactly. Well ok so does she have any options as she is most concerned for her sister. If there is such documentation of said "abuse" can she use it against her dad and step mom to get custody of her sister. She is in the process of getting a consult. As the older sister does she have any right to pursue this. I am sure she only wants what is best for her sister. Give it to me straight guys, I have to be able to tell her something, what can she do as a concerned older sibling with a steady source of income, excellent health benefits, and a desire to help her younger sister, legally of course!! Is there a starting point for her, can it be handled out of court, would she need to try and adopt her sister????? Thanks again

She's SO concerned that she hasn't seen her sister in FIVE years! Apparently not even when their mother died. That says a heck of a lot.

She has no standing to file for custody. Perhaps she should try to intervene on her sister's behalf with their father, and suggest some individual and family counseling.

 

[LdiJ]

Well those were my thoughts exactly. Well ok so does she have any options as she is most concerned for her sister. If there is such documentation of said "abuse" can she use it against her dad and step mom to get custody of her sister. She is in the process of getting a consult. As the older sister does she have any right to pursue this. I am sure she only wants what is best for her sister. Give it to me straight guys, I have to be able to tell her something, what can she do as a concerned older sibling with a steady source of income, excellent health benefits, and a desire to help her younger sister, legally of course!! Is there a starting point for her, can it be handled out of court, would she need to try and adopt her sister????? Thanks again

Has your friend discussed this with her father at all? After all, stepmom may not really want the child back in her home, therefore there is a chance that dad would voluntarily allow the child to live with her older sister.

 

[Finished2010]

Her husband is military and they have been stationed overseas the last four years before that I really cant say as to why she didn't see her. She did mention speaking to her dad and she said that he told her he didn't imagine she had a chance. I will give her the advice given here, thanks a lot.