Q: how can my mom get custody of my little step sister from the dad's parents if her and the father is still married?
we live with my dad's parents who have gaurdianship over my little step sister for about almost 4 years now. I have something on my dad's dad (had the info since i was 17 i'm 20 now) that can get him to not be around children at all and my dad's mom is losing her memory and is extremely depress which year after year they get more mean towards her. His parents treat my step sister like crap and call her a brat and yell at her and spank her all the time for doing nothing. My dad wants my mom to have custody of my step sister which my mom was told by a lawyer 2 years ago that since my parents were still married which makes her the legal step mom that she has more rights than my dad's parents do but the thing is that my dad is in prison for couple more years but he still has his parent rights over my sister. My step sister wants to be with my mom and I because of how my grandparents are treating her and my dad wants to know what do we can do to get custody of her from his parents.
A: Your question doesn't make sense. If your mom and dad are married and you are calling your mom the 'step parent' then that makes your dad the father and your sister a half sister and not a step sister. If so, then as a step parent, your mom likely has zero rights unless she adopts your half sister. Since your father (and presumably your half sister's father) is in jail, absent DSS getting involved likely nothing will happen. However, getting DSS involved is likely a completely bad idea. They mean well but are not the sharpest knives in the drawer and will likely screw things up worse than they are now. Best of luck!
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