Can an older sibling win power of attorney over younger siblings?

UPDATED: Aug 5, 2012

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Can an older sibling win power of attorney over younger siblings?

My husband has 3 younger siblings that have all been through domestic abuse, divorce(s), moving from home to home and now are unaware as to where they will be living (whether it be with their out of rehab and money struggling father or grandmother who does not want them). We are wanting to fight for custody of all three but don’t know if an older sibling would have any say so..

Asked on August 5, 2012 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You and your husband sound like really wonderful people and what you wish to do is to gain custody of the siblings in some way, depending on their age.   If they are minors and your Father is their legal guardian and wishes to sign over his rights to you the he can.  If he will not then you will need to make an application to the court.  If you have a stable home and job and have space for them then you are a step ahead.  Please seek legal help.  Discuss with the attorney some strategy about programs that are available for the kids to help them with their addictions, schools available if applicable, jobs available if applicable, etc.  Good luck. 

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