My niece who lives in california wants to give temporay custody of her daughter:confused: to my sister who lives in New Mexico.how does she start this procedure?

where's dad?

Daughter is 16 and the father has never been in around, my mother raised her and recently passed so my sister opted to take on the responsibilty, my niece has not been an active parent in the childs life

My niece who lives in california wants to give temporay custody of her daughter:confused: to my sister who lives in New Mexico.how does she start this procedure?

Your sister will have to apply for guardianship in California. The courts will probably want to know WHY, but that won't necessarily mean it won't happen.

There is a lot of paperwork, and while she can file herself, it is not really a recommended do-it-yourself project. She needs an attorney IN the child's jurisdiction (California).

http://www.scselfservice.org/probate/minor/guardianship_establish.htm

Daughter is 16 and the father has never been in around, my mother raised her and recently passed so my sister opted to take on the responsibilty, my niece has not been an active parent in the childs life

Huh?

Is the child who your sister wants guardianship of a 16 year old, or the is 16 year old the mother who wants to give up custody? How old is your neice, and how old is HER daughter?

even if my sister has the child with her in New Mexico? child has never lived with her real mother

even if my sister has the child with her in New Mexico? child has never lived with her real mother

:confused: Your question is completely unclear. Who is the legal guardian of this child? How old is this child?

sorry, my nieces who is 35 wants to give custody rights to my sister, the child is 16 and never lived with her mother, my mom raised this child since she was an infant and my mom recently passed away, my sister is willing to take care of the child. my niece wants no part of the child. my sister cannot get any type of benefits for the child because she is not leagay hers.

But who is the child's legal guardian? Where is she living now?

my niece is the legal guardian and lives in california, child resides in New Mexico with my sister, my mother had temporay custody

my niece is the legal guardian and lives in california, child resides in New Mexico with my sister, my mother had temporay custody
So, when your mother died, custody transfered back to your niece? Are you sure?

Your sister -- the one who WANTS legal custody -- needs to get an attorney. There is no way anyone on this site can accurately sort through this and tell you where to start. Sorry.