Legal Question in Family Law in Idaho
mentaly unfit parent; family seeking custody of sibling
My sister, 22, who resides in california is seeking custody of our sister, 12, living in idaho because our mother has multipule personality disorder and cannot keep a safe, stable house or job. My sister failed her last 3 grades because of a neglectful and unstable living enviorment. There is also an alocholic and abusive older brother,24, who has consistent contact with both the mother and little sister. The mother has also abondoned 2 other children(both me and my older sister I was 16 she was 15). How can my elder sister take physical custody of my younger sister? And what can I do to help legally?
2 Answers from Attorneys
Re: mentaly unfit parent; family seeking custody of sibling
You need to contact an Idaho attorney. If you sister is in Idaho, the laws of that state will apply. Your message was received in Oregon and Oregon law would not apply.
Re: mentaly unfit parent; family seeking custody of sibling
Your sister could probably petition for custody/guardianship. I would advise you that Idaho has a very strong presumption in favor of parents raising their children as they see fit. The Idaho Legislature has specifically rejected the reasonable parent standard.If there is a well documented history of serious problems, neglect, abuse then maybe you have a chance. you have a very high burden of proof. Alternatively, given the problems that your mother is having, would she allow your sister to accept custody? it might make everyone's life easier.
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