As noted above, courts often consider other children and siblings whose own custody is relevant to that child`s custody arrangement and may decide that custody of siblings is in the best interests of the child. It`s important to note that custody laws vary from state to state. If the person does not reside in the same state as his or her siblings, or if one or both of the brother`s parents can contest the application for guardianship, the custody procedure can be very complicated. Other circumstances that may complicate an application are if the child is disabled or owns significant property. To obtain guardianship of a child, the parents must voluntarily renounce custody or it must be revoked by a judge. The suspension of custody can be temporary or permanent and can be decided by a single judge. Keep in mind that you will also need to fill out all general guardianship forms. As part of a guardianship of the estate, you must also keep in touch with the court. Click here for more information on the duties of a trustee.
This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, revises, and evaluates wikiHow`s legal content to ensure rigour and accuracy. She received her J.D. from Indiana University Maurer School of Law in 2006. There are 7 references cited in this article, which can be found at the bottom of the page. This article has been viewed 67,455 times. Our custody and guardianship attorney in Phoenix and Scottsdale will advance your case with concern and personal attention, always keeping in mind your best interests and that of your children when proposing legal solutions.
TalkingParents recommends that prospective and new guardians contact legal guardians in their area to help them navigate the guardianship process in their jurisdiction. Obtaining custody of a sibling is a particularly complex area of custody. This is because the courts generally do not award custody to persons other than the child`s parents. If a child`s parents are unable to care for them, adult children or older siblings do not automatically get custody of their younger siblings. If you wish to become a guardian, you must read the Guardianship Pamphlet (Form GC-205). The guardianship brochure is also available in Spanish, Korean, Chinese and Vietnamese. You can use the forms you need to ask the court to appoint a guardian to the person (Form GC-505) to get information about the procedure for filing guardianship. Even if you are applying for temporary guardianship, you must apply for general guardianship at the same time.
A temporary guardianship is only an emergency order and ends when a general guardian is appointed by the court. Guardianship cases can become emotional and controversial, especially when multiple family members are vying to become the child`s legal guardian. At Calabrese Associates, P.C., we fight to change a child`s life by helping family members become their legal guardians and preventing the child from being placed in the hands of a stranger. Our guardianship attorneys in DuPage County have over 40 years of combined experience in family law matters in Illinois. To obtain guardianship for your sibling or a family member, contact our office at 630-393-3111 to schedule your initial consultation. Sometimes there is an emergency and the guardianship must be put in place quickly. If the child is old and mature enough, the investigator may also talk about guardianship. Note: Typically, you will need to apply for guardianship in the county where the child lives. BUT, if there is already a custody case with custody orders affecting the child in another county, you MUST file the guardianship application in the same district and court where custody orders exist. In this way, there will not be 2 different courts that will issue custody orders on the minor that could conflict with each other. As mentioned earlier, it is important to prove to the court that guardianship is necessary for a sibling and is in the best interests of the sibling.
In order to obtain custody of siblings, the first step is to determine whether custody recourse is necessary. If you`re hoping to get guardianship from your siblings, it`s best to contact a lawyer and get advice about the laws in your area. Unfortunately, not all children have two parents who love and take care of them properly. Some children have to endure the tragedy of losing one or both parents at a young age, while others are deprived of their parents, as decided by the justice system. In most cases, these difficult court decisions are in the best interests of the child, even if the child is too young to see it that way. If family members are unable to care for the young person, they are accepted into the foster care system for voluntary foster care. However, for those who have siblings who are 18 or older, they may have another option: legal guardianship. While staff in the clerk`s office are helpful, it`s always best to have a lawyer help fill out legal forms. Government and community resources are available to help tutors fulfill their responsibilities and new roles. In some cases, the investigator may recommend that the court appoint a lawyer to represent the child. This lawyer would be paid by the court. The costs of the judicial investigator and possibly of the court-appointed lawyer may be charged to the person requesting the appointment of a guardian.
If you cannot afford to pay the costs, you must apply to the court for a fee waiver. The duties of guardians vary from state to state. In California, for example, guardians must be able to manage the child`s finances and even manage the parent`s visit if the court has approved it. There will be regular check-ins and home inspections for the guardian to ensure the child is in a good home.