Hi I’m currently in a pickle with guardianship over my younger sister she’s soon to be 3. and is in my aunts care.

Question

At the moment, I want custody of her but have been told by social worker that they normally don’t remove the child from the home if they have been in the persons care for over a year.

James L. Arrasmith · Answer

Thank you for sharing your situation. It sounds like you're dealing with a complex guardianship issue regarding your younger sister. Here's some general information that may be helpful: 
 
1. California law does consider stability and continuity in a child's living situation as an important factor in guardianship cases. The "one-year rule" you mentioned is not a strict law, but rather a common practice based on the child's best interests. 
 
2. However, this doesn't mean it's impossible to change guardianship. The court will consider various factors, including: 
   - The child's best interests 
   - Your relationship with your sister 
   - Your ability to provide care 
   - Any concerns about the current guardian's care 
   - The child's wishes (if old enough to express them) 
 
3. To pursue guardianship, you would typically need to: 
   - File a petition for guardianship with the probate court 
   - Provide notice to interested parties (including your aunt) 
   - Attend a court hearing 
 
4. Given the complexity of your situation, it would be advisable to consult with a family law attorney who specializes in guardianship cases. They can provide personalized advice based on the specifics of your case. 
 
5. You may also want to document your interactions with your sister and any concerns you have about her current care, as this information could be relevant in court.

Q: Hi I’m currently in a pickle with guardianship over my younger sister she’s soon to be 3. and is in my aunts care.