A question for my sister....

[theonenonlymrssmith]

Edited for privacy issues! Thanks for the advice.

[Melinda29]

She needs an attorney who specializes in family law. Many will work for a sliding scale fee based on income. In many states, a child cannot live indefinitely with someone without legal action being taken--the legal guardian could be charged with neglect or abandonment, and your sister could be charged with kidnapping. In my state, the max is 14 days that a child can live with someone other than their legal parent or guardian. She needs an attorney NOW.

The current guardian cannot just appoint a new one, it must be done through the courts. The judge would likely order a homestudy and the legal guardian would have to voluntarily relinquish their rights (again, through the courts). The bioloigical father would have to be determined and he would also have to relinquish his rights. Then your sister would have to adopt or be appointed guardian.

[Chris10]

Bio dad doesn't have to relinquish rights (at least not in NC), but would need to agree to the guardianship.

[Sageac]

I agree, talking to a lawyer is important. If the initial Guardian was given custody (but not legal adoption) by the bio parents... the rights of custody defer to the bio parents again, before going to a new guardian.

if your sister has the baby, she needs to call DCFS and get a caseworker. they will get involved/do a homestudy, and probably allow the child to remain with her as things get worked out. (also paying for most of the legal fees). at least, that's my experience.