What do I do to file either for legal custody or permanent guardianship of my little brother and nephew?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What do I do to file either for legal custody or permanent guardianship of my little brother and nephew?

My little sister passed away last year and my mom filed for permanent guardianship of my nephew and got it. Now my mother passed away 3 weeks ago and she left my 13 year old brother and 1 year old nephew behind. I am the next of kin to them both; I’m 24 years old. What am I facing? What’s the process for permanent guardianship?

Asked on August 19, 2012 under Family Law, Wisconsin

Answers:

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

Answered 11 years ago | Contributor

It is surely commendable or you to want to take on the responsibility of raising both of these children.  They are lucky to have you in their lives.  You should speak with an attorney - legal aid may indeed do - to discuss the requirements in your state. Generally you have to show a stable home for the children: place to live, income for raising them (but you may be able to apply for government assistance in support in the form of social security survivor benefits for both of them) and a plan for caring for them (schooling for the 13 year old and care for the 1 year old). You need to show that you are a positive influence and really if even a small amount of the obvious caring comes through the court should have no problem here so long as all the other factors all in to place. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption