Is there a way to rescind or revoke guardianship of a biological child when he is above the age of 18 but below 21?

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Is there a way to rescind or revoke guardianship of a biological child when he is above the age of 18 but below 21?

My brother is 19 years old and is in juvenile detention. He has denied my parents rights to everything, including mere communication. My parents literally have no say or control in this entire situation. While he is calling shots, my parents are going to be forced to pay child support. This makes no sense as to how he can make sure my parents are not even allowed to say, “Hello” to him, yet they may have to pay up to $600 a month for child support. He is over 18 years old and an adult. They have not claimed him as a dependent for years. He has been out of this house for years.

Asked on June 16, 2012 under Family Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Who are they paying child support to because something does not sound correct. He is an adult; he is in juvenile detention and can be in juvenile detention until he is usually 25. At that point, he would be transferred to the prison system for adults.  Is this child support or some form of restitution? I think you need to have your parents meet with a lawyer regarding this support and see what can be done to prevent this from occurring.


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