I'm 33 and on ssdi I have a rep payee my older sister has cancer and only has 6 months to live she wants me to take custody of her 10 year o...

Question

I'm 33 and on ssdi I have a rep payee my older sister has cancer and only has 6 months to live she wants me to take custody of her 10 year old daughter when she passes I have a 12 year old son and I'm married but was told I might not be able to get my sisters daughter because of the rep payee through social security also my sisters ex husband beat her and hasnt seen the child in 8 years his parental right were never terminated and we absolutly do not want her to go to him can you please help me

Answer

You need to speak with an attorney. I suggest you contact your local Legal Aid office if you cannot afford a consultation. Your sister needs to make a Will naming you as the child's custodial parent. This will not override the father's rights to step forward, but will show the court if you file for custody that you were her choice. The father's lack of contact and support give you a good chance of obtaining custody but this can only be done by a court order. The other suggestion is to file for a permanent guardianship of your niece prior to your sister's passing. This is done through the Probate Court. Your sister can sign a consent. The father has to be served with the petition, but again, the Court would look closely at the fact that he has abandoned the child. I do not know about the SSI rep issue so cannot address that.