Can My 18 Year Old Brother Be My Guardian?

In most cases though, you will need to go to the court or court website in the county in which your sibling lives.

Then, you will file all required forms, namely, a petition to be appointed as guardian.

If your sibling is Native American, there are additional federal laws that will apply..

Can my parents stop me from seeing my siblings?

As such, because they are minors, your parents have the legal right to make any and all decisions on their behalf, including who they can see and not see. Without a court order granting you visitation rights, they can legally prevent you from seeing your siblings.

What happens when a special needs child turns 18?

Parents of children with special needs should be concerned with who will make medical and financial decisions once the child turns 18. Once a child reaches 18, the parents can no longer legally make decisions for them. The child is presumed be an adult and therefore have the ability to make his or her own decisions.

Do you get paid for being a guardian?

As guardian of the person, you are entitled to compensation for your time, upon court approval. The compensation cannot exceed five percent of the ward’s gross income. Attorney fees and other costs can and should be paid out of the ward’s income, upon court approval.

Can my older brother be my guardian?

People can become a legal guardian to their younger sibling without having to go to court. … For example, the parents can relinquish legal custody to a sibling at any time if they find that they are unable to properly care for the child.

Can a 16 year old choose to live with a sibling?

No. A child’s sibling has no custody rights over the child whatsoever. A child can choose to live where they want at age 18 – that is, when they’re legally an adult – not before. Now, in practice, once children get to around age 16 or so, the notion that parents can control everything they do is a little silly.

Who can be my guardian?

Guardianship of a Minor A legal guardian may be a friend, family member, or other person the court feels will act in the minor’s best interest. As the minor’s legal guardian, an adult may be granted physical custody of the minor, or they may act as a financial guardian who exercises control over the minor’s property.

Who Cannot be a guardian?

A person cannot be appointed a guardian if: The person is incompetent (for instance, the person cannot take care of himself). The person is a minor. The person has filed for bankruptcy within the last 7 years.

Can husband be a guardian?

“A husband cannot be a guardian of his wife. Wife is not a chattel. She has her own identity in life and society. … New Delhi: A wife is not a chattel and the husband cannot be her guardian, the Supreme Court said today after interacting with Hadiya, a woman from Kerala, who is the alleged victim of “love jihad”.

Can an 18 year old get custody of a sibling?

In order to legally gain custody of a sibling you will need to petition the court to become their guardian. Your sibling must typically be under age 18 or otherwise legally dependent, and you must be over age 18 or legally emancipated.

Can a guardian be anyone over 18?

In most cases the guardian and conservator is the same person. … Any person 18 years of age or older may be a guardian; the harder question is who should be the guardian. Often parents will petition the probate or surrogate court to be the guardians of their child and usually the petition is granted.

Can you date an 18 year old if you’re 17?

It’s both legally and morally ok. However, nothing even vaguely sexual should take place. The 18-year-old is legally an adult and the 17-year-old is legally an infant. … If anything even vaguely sexual takes place, then the 18-year-old could be charged with statutory rape.

Can 16 year old choose parent to live with?

Child’s Wishes for Custodial Parent is Currently Up to Judge’s Discretion. Currently, there is no specific age where the Court will consider the wishes of a child in deciding custody matters.

What age can a child say who they want to live with?

The fact is until the child is 18, the only individuals who can determine custody are the child’s parents, and if the parents can’t decide, a judge will.

Are siblings legally responsible for each other?

As much as siblings may be a part of our conception of “family,” the sibling relationship is actually materially different from those relationships that the law does cover. Most siblings do not live with each other nor are they usually legally responsible for one another. Most siblings lead independent lives.

Does a sibling count as a guardian?

Usually, a child’s parents are their guardians. But other people, including siblings (brothers and sisters), can apply to court to become a guardian if they’re 19 or over. … A court could appoint you as the only guardian or they could make you the guardian along with another person or someone who’s already a guardian.

At what age can a child legally make their own decisions?

18Parenting, custody or contact orders end once the child turns 18. Many people believe that once a child reaches a certain age, they can decide themselves where they want to live. This is not true. Until the child turns 18, the decision is made by the parents or the court.