I need to help my niece-tell me how

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  1. rsmallory profile image65
    rsmalloryposted 14 years ago

    My sister kicked my 22 year old autistic nephew out on the street with no money and no provision. I took him in. His younger sister (16) did not want to stay at home with her verbally abusive, drug addict mother so asked if she could come too. I told my sister her daughter wanted to move in with me  me and my sister did not mind. My neice recently turned 17. So now both are with me. My neice has asked her mother for her birth certificate and social security card so that she can look for a job and get a drivers license, but my sister is refusing to give them to her. Their relationship is completely deteriorated-my sister has 'disowned' both of her children.
    I can not order a copy for her because I am not her legal guardian. She can not order them herself because she is not 18. what should I do? We live in Texas, she was born in Florida.

    1. rsmallory profile image65
      rsmalloryposted 14 years agoin reply to this

      Now my sister is filing criminal trespass charges against my neice and my mother who was with her when they went to search for the papers. My mom owns the house my sister lives in but my sister makes the payments. Can she do this?

      1. Colebabie profile image59
        Colebabieposted 14 years agoin reply to this

        Are the payments made with your sister's name on it? Like legally is she a tenant?

        1. rsmallory profile image65
          rsmalloryposted 14 years agoin reply to this

          The house is in my mom's name but my sister makes the payments from her checking account. They do not have a lease agreement or any documentation about my sister living there. My mom does not live there-she lives with me in my home.

          1. rsmallory profile image65
            rsmalloryposted 14 years agoin reply to this

            all the utilities are in my sisters name so she has established residence.

  2. Ladybird33 profile image69
    Ladybird33posted 14 years ago

    What about the father?  Can he help?  If not, go to her house whe she is not home and get them (bring them back when she is not home)...could be bad advice smile  But I wish you the best of luck, you are doing a wonderful think by helping this kids.

    1. rsmallory profile image65
      rsmalloryposted 14 years agoin reply to this

      we tried that yesterday and could not find them. She found out we had been there and is threatening to change her locks and file a criminal trespass complaint.

  3. Pamda Man profile image57
    Pamda Manposted 14 years ago

    I'm assuming the father does not exist, right?

    So, seemingly your niece might as well never see your sister again right? Your niece could just simply go back to her house and get her certificate and leave the house. Regardless if she's at home or not. She does not own her birth certificate.

    1. rsmallory profile image65
      rsmalloryposted 14 years agoin reply to this

      tried, couldn't find it. My neeice said she knew exactly where it was in a file box, but when she looked it was missing. Apparently my sister moved it or hid it. We have asked her for it repeatedly since May and she knows it is preventing her duaghter from getting a drivers license or a job but she will not budge. My neice will be a senior this year and has a 3.95 gpa. She received an interst letter from MIT college and according to their paperwork she needs her BC and SS card to enroll in college as well.

      1. Pamda Man profile image57
        Pamda Manposted 14 years agoin reply to this

        So the relationship is so deteriorated you might as well tell your niece to sign the 'disrelationship' thing, I don't know what it's called in the USA. But really, if she's this extreme, you'd probably be better off sueing her.

      2. Colebabie profile image59
        Colebabieposted 14 years agoin reply to this

        Yup. Let the court do it. File for custody. Get a court order. And the sooner the better. She'll need both of them to enroll, and you don't want her to put that off. The process may take time, so do it as soon as you can. When does she turn 18?

        1. rsmallory profile image65
          rsmalloryposted 14 years agoin reply to this

          Not until May again. Just talked to my other sister who lives in Michigan. Apparently when my neice was six, her mother signed
          over guardianship to my other sister when she went into rehab for drugs-this has been a long ongoing battle with her-anyway, she never revoked it. So I am having her-my sister in michigan, request the copy of the BC with her guardianship papers. Once we get that we should be able to get the SS card and then the DL and so on. I hope I hope I hope!

          1. Colebabie profile image59
            Colebabieposted 14 years agoin reply to this

            Sounds like a plan! And if your sister doesn't have any documentation and the house is under your mom's name, then your mom has the right to enter.

  4. Lisa HW profile image63
    Lisa HWposted 14 years ago

    She can get her own birth certificate by contacting the city hall where her parents lived when she was born.  They may charge $10 or so, but they'll give her a certified copy.

    She can also get her Social Security card the Social Security administration.  It will, I believe, be a duplicate; and I think they require some documentation.  In any case, the place to start is to call the Social Security Administration Office in your area.  Their national website problem has information about requesting a duplicate.  (www.ssa.gov)

    1. onthewriteside profile image60
      onthewritesideposted 14 years agoin reply to this

      This is correct if you live in the US.  I would also suggest that you make sure that your sister isn't playing games with social services to your demise.  This happened to me after I got custody of my daughter...

      1. rsmallory profile image65
        rsmalloryposted 14 years agoin reply to this

        I've tried-in the state of Florida she can not obtain a copy of her BC on her own until she is 18. It has to be a parent or legal guardian. Her father is MIA. Social Security requires proof of birth certificate and photo id...

  5. Mighty Mom profile image78
    Mighty Momposted 14 years ago

    There are also services you can use to get birth certificates. I had to do that when I needed an "original" copy for my new passport. Agree also that Social Security Administration will reissue a SS card. They are easier to deal with than one might thing!
    I wish you luck. You are definitely doing the right thing. Bless you. MM

  6. Beth100 profile image69
    Beth100posted 14 years ago

    Your neice is still a resident of her home, unless she has offically changed her address.  She has the legal right to enter her home and retrieve her belongings, including her birth certificate and social insurance number.  If she cannot locate them, then follow the advice above regarding a certified copy for her bc and a duplicate for her sin.  Just remember to do things legally, especially if there is any possibility of CAS being involved.

    1. rsmallory profile image65
      rsmalloryposted 14 years agoin reply to this

      we changed her address with the post office when she moved in with me back in May.

  7. Colebabie profile image59
    Colebabieposted 14 years ago

    You can get a court order for her to hand them over. Seems like nothing else is working. I don't know when she turns 18, but if the mother is ok with it, you could be granted temporary custody.

    1. rsmallory profile image65
      rsmalloryposted 14 years agoin reply to this

      I am looking into this option...My sister was fine with her coming to live with me, but since has been very disgruntled. She doesn't want her back though. She told her she hated her and she was no longer her daughter and that she never wanted to see or talk to her again.

  8. Julia Claire profile image59
    Julia Claireposted 14 years ago

    I would also urge you to try and speak to legal counsel before attempting another entry into the home. Even though your mother is the sole owner and your sister is simply a renter, beware before you make another bold move. Your dysfunctional sister should be the one who gets disowned...by everyone! Until she makes her life right and gets her "issues" under control, no one needs to have contact with her. This is all her doing and she needs to shape up and realize the consequences of her poor decision making. Drugs are what control her life, plain and simple. She has two fabulous kids and you are an answer to their problems. Good job!!


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