Sibling petition for custody of minor.

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My 11 y/o sister is living with my father (sole custody) in NY after he divorced my mother. My sister attempted suicide after being physically abused by my father. My mother does not have a primary residence and stable job. I am married with no children, and have a steady income for the past 4 years. Can I peition for her custody? If so, what do I need to do?

Attorney Answer

1
Paula Mcgill ·
Was a police report issued and mental evaluation performed after your sister's attempted suicide? Has child protective services been called to evaluate the suicide and your sister's living environment? If you believe your sister is being physically abused, you need to report it to child protective services. You should inform them of your desire to obtain custody of her. In the meantime, seek a consultation with a family law attorney. Most times, the initial consultations are free or low cost. The attorney should give you an overview of the steps you need to take to seek custody. Please keep in mind, one possible risk is DHS may remove your sister from your father's home and put her in foster care while they evaluate your home. As you know from the stories in the news, the foster care system is horrible and may be worse than what your sister is currently experiencing under your father.
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