Colorado | Family Law
Legal Question
My wifes sister wants to come live with us, she is 15 and the grandparents have legal custody. what can we do and what rights does she have?
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Legal Answer
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Read More Answered By: Rebecca Pescador |
If the grandparents are in agreement to this plan, it is fairly simple. You can either all go back to Court get and custody transferred to you and your wife, or they can execute a Power of Attorney, giving the children into your care for a period of 1 year at a time. That will enable you to get them into school, get medical treatment, and even get public assistance (assuming you qualify and the documents are done properly).
If the grandparents are not in agreement, you will have to intervene in the case and fight. You will have to prove that the grandparents are no longer fit, and it is likely to be extremely difficult and expensive to win.
At 15, she has no rights to say where she will live. She can express her preference to the Court, but the Judge does not have to hear her, and many will not. If the Judge refuses to hear from her, there is nothing you can do to force it.
Either way, please consult an attorney. An attorney can help you make sure the Power of Attorney is done properly in the first instance, and advise you more specifically on your odds of success in the second. |
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