[tonie barker]

HELLO.
I HAVE A SLIGHT PROBLEM, AND I'M HERE FOR HELP.
MY MOM GAVE MY LITTLE SISTER UP FOR ADOPTION 9 YERAS AGO. MY AUNT ( MOMMIES SISTER), ADOPTED MONIQUE AND KNOW MY AUNT IS SICK. SHE'S BBEN HOSPITALIZED FOR A LILTTLE MORE THAN A YEAR NOW. MY SISTER RESIDES WITH MY AUNT'S BOYFRIEND, HIS FAMILY AND THEIR 2 CHILDREN. I HAVE REPEATADLY ASKED MY AUNT TO LET MY SISTER LIVE W/ ME UNTIL SHE GETS WELL, BUT SHE IS NOW AVOIDING ME. THIS IS THE 3RD WEEK THAT MY LITTLE SISTER HAS CALLED ME EVERYDAY, PRACTICALLY BEGGING TO COME AND LIVE WITH ME. I AM 24YEARS OLD, AND MY SISTER IS 9. I AM A MARRRIED COLLEGE STUDENT AND MY HUSBAND AND MYSELF ARE WILLING TO ACCEPT THIS RESPONSIBILITY. HOW SHOULD WE PROCEED WITH THIS SITUATION?

[Sharon]

I'm not an expert, but my guess is that you will not be able to get custody of your sister without your aunt's permission and cooperation. Legally, she is not your sister; she is your cousin. Your aunt is her legal mother. The law makes no distinction between bio children and adopted children. Your aunt has no fewer rights than any mother would, and the court does not typically remove children from their mothers simply because the mother becomes ill and has to be hospitalized, especially if she has made adequate provisions for the child to be cared for during her absence.
I would suggest that you make every effort to be there emotionally for your sister; love her, support her, and spend as much time with her as her parents will allow. This is probably a difficult time for her, and she needs caring and supportive adults in her life. But I don't see any way you can become her legal guardian unless her mother voluntarily relinquishes custody to you, and from what you say, it doesn't sound like she's ready to do that.
Beyond that, your only option would be to prove that your sister's adoptive family is abusive or neglectful. Then maybe the state would step in and remove her. There is no guarantee, however, that they'd place her with you... or, in fact, that you'd ever see her again.
Best wishes, ~ Sharon