If I’m 20 years old and am seeking to become the short-term guardianship of my 10 year old brother, do I have to go to court?

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If I’m 20 years old and am seeking to become the short-term guardianship of my 10 year old brother, do I have to go to court?

I am aware of the appointment of short-term guardian form, however, both my parents are incarcerated. They are both in a processing center for political asylum but in different states. Is this form still applicable for m, or is there another method of obtaining his custody without having to go to court?

Asked on June 17, 2015 under Family Law, California

Answers:

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

Answered 5 years ago | Contributor

I know that going through the court procees may seem onerous to you but it really is the best way that you can protect your brother in this situation.  By having the court award you temporary custody you would be able to make legal decisions for him as to school, medical, etc., while your parents are unable to do so.  California laws can be complicated.  You parents may be able to consent to temporary guardianship as well but it really depends on the facts of the specific case.  Good luck.


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