If I am named as the guardian, but she wants to stay with her step dad?

Question

If I am named as my sisters guardian and something happens to my mom, Does that mean I have no choice but to separate her from her step dad.

He has a past that is questionable, but I KNOW he is the only dad she knows and is a good dad.

Her biological father lives in the same town and sees her 1 X a year. He used to be ingaged to my sister when my mom get pregnant by him. He accused our step dad of sexually abusing her and she had physical signs of abuse. MY Step dad passed a polygraph and moved out while he leared his name.

My sister was refused contact with her first dad and her physical symptoms went away. She would also cry she would have to go with him. He is a drug user with 2 other kid (who are 2m apart from eachother).

My mom wants me to have legal custody of her if something happens, she's having surgery friday. She wants to make sure my sister can stay with our step dad if she wants and will never get in the hands of her first dad.

Answer 1

When it comes to that it is a fight. I asked a lawyer about it, I wanted my sister to take my son if anything happens to me and they said that she would have to go to court (when that time came) and fight my sons father for custody because he would "get" my son since he is the dad. She would have to prove that he is unfit as a parent, But that is in New Jersey. How old is your sister she can probably decide for herself and that is alot easier?

Answer 2

If you have legal custody, you have the say on what happens to her and who she goes to stay with.

Answer 3

If they won't give him custody because they feel she is unsafe and you leave  her there  a few things can happen.

One if someone reports it or if they find out they will put her in foster care

Two you can be brought up on child endagerment charges

Answer 4

as guardian you would have that right as long as both stay out of trouble. But...if the bio father raises a fuss it might cause problems (just a note though...I hope you are least 18 and have a job and place to live and can support her or the courts might not approve you as guardian)