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Law Offices of James C. Shields

Process of Obtaining Guardianship of Siblings

If you're an older sibling who wants to obtain guardianship of your younger siblings, here is how the process works. Your first step would be to prove to the court that your parents are unfit to care for them. However, if your parents are deceased, you should know that other family members will be allowed to file for custody of your siblings.

One way to avoid having to petition the court is to simply ask your parents for permission to become the siblings' guardian and if they allow, this makes the process somewhat easier. If you have to appear in court, you'll need to show that you are capable of providing the siblings' basic needs. Then the court might send an investigator to interview you and the siblings to gather more information. He will also do a tour of your home to ensure that it will be safe for them. If everything checks out well, you could be given the guardianship.

Get Assistance From An Attorney

If the process of guardianship is new to you and you're not sure of what to do, you don't want to go at it alone. You would benefit from an experienced attorney who specializes in guardianship cases. He can answer any questions you have, and he can offer guidance on how to deal with judges and investigators.

Each State Is Different

It's also important to note that every state has different requirements for guardianship of siblings so it's a good idea to research your state's laws regarding this. Your attorney can also help you in doing this.

Can Guardianship Be Terminated?

Generally, legal guardianship of siblings ends when they turn 18 although it could be terminated before then. If a guardian becomes convicted of a felony, fails to meet the requirements of his role, or is declared incompetent, then the guardianship can be terminated.

In conclusion, with the help of an experienced attorney, you can get through the process of obtaining guardianship of your siblings without all the stress.

If you need assistance with guardianship, contact us. We can assist you in beginning the process and ensuring that it goes well for you.