If you had legal guardianship granted to you though the court and then gave written consent allowing your sister to file for legal guardianship and she filed and got the legal guardianship though the court then what you have to do is file a motion to modifly the orignal order asking the court to terminate your sisters guardianship and give it back to you. you can go online to legalaide.com and get their phone number and call and set an appointment they go your incom. You can also go online to freelegalforms.com and downdload these forms a form for modifcation of guardianship,a wavier form and a finiacaial form and fill them all out and file together at the court house where the orignal guardianship was ordered though. The finiacial form is used to show the court your incom,so that you can use the wavier form so that you do not have to pay the filing fee or court fee. If neither of you have got or ever had legal guardianship ordered though the court then neither one of you have it. Usally when a parent is decreased the child goes to live with the other parent,since you never stated anything about the father it is hard to give advise about his rights.
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How can I gain legal guardianship of my younger sister from my older sister?
Four and one half years ago, my mother died. I was 20 and in college unable to care for my younger sister who was 10 at the time so I gave consent for my older half sister to provide care for my sibling. This is my second attempt at asking for my younger sister but my older sister keeps denying me. My younger sister had Downs Syndrome. I have the love, time, and patience to properly care for her. I thought it was understood at the time of my older sister gaining consent that I would get my sister once I was out of the college dorms. My older sister says that she does not remember that. I feel that my older sister only wants to keep my younger for personal gain financially because of her disability. Please contact me with help and advice.
Sincerely,
Angela M. Hicks
The best thing to do is seek legal counseling. This way a judge will determine what is best for your younger sister. Doing it legally will resolve any issues without the fight and ugly stress it can cause. You'll need to be able to prove you are the more worthy sister even though the other sister has had for for 4 years. I applaud you for wanting to care for a sibling with downs syndrome. It is said they are truly God's children. Good luck.
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