Legal Question in Family Law in California
My mother's deed reads that her sister is getting my sisters custody shes 13 years old. Im not sure if that's been officially signed yet but that is NOT what what my sister wants. She does not want to go live with her aunt. She would rather stay with me and live here in our house. My aunt told me that she could LEGALLY force her because she's a minor and has her custody. I think it would be an emotional abuse to force her leave the house we grew up in when she does not want to. So my little sister does not agree with her mother's deed.
I am her 21 year old brother, what can we do?
4 Answers from Attorneys
Are you taking about a deed [transfer of real property] or a Will? Trading/shipping people off to another person, even minors, to some one else is called slavery. Once your mother dies, then the court will determine who has custody and will listen to the 13 year old's preference.
You can file a petition for guardianship of your sister immediately and request temporary placement with you pending outcome of the custody plan.
I am also not certain about which kind of document you are writing. Deed???
If a will, then, it has no legal effect. It only speaks of the mother's wishes. It is not absolute. If your mother is deceased, I would agree that you should immediately file for an emergency guardianship. In a guardianship, the minor will have a voice.
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