Guardianship of a younger sibling is something that can be obtained.
If you're over the age of 18 and your parents die or become unable to care for your younger sibling, you may want to look for a guardian.You need to file a petition in the court where your sibling lives.You have full legal responsibility for your sibling until they turn 18 if the court grants permanent guardianship.
Step 1: Be sure to verify your eligibility.
Each state has its own rules about who can be the guardian of a minor.Most states have a hierarchy of people who are legally preferred to be the child's guardian, with the biological or adopted parents being first.If siblings are further down the preferred list, you need to prove that everyone listed higher up on the list is unavailable or incapable of serving as guardian.If you have permission from any other adults who are legally preferred as the child's guardian, you can get the guardianship of a younger sibling.If your parents are going to spend two years in France, your 16-year-old sibling will have to finish high school.Your parents may allow you to be your sibling's guardian while they're gone.You must be at least 18 years old and have the financial ability to support your younger sibling in order to be eligible.If your younger sibling has an inheritance, you may have to prove you have the ability to properly manage the funds on their behalf.
Step 2: Go to the guardianship forms.
You can petition the court for a younger sibling's guardian in most states.You should be able to complete the entire process on your own if anyone else in your family approves of your will.The forms can be found on the court's website.If forms are available online, you can search for the family or probate court in your county.You can get forms by contacting the court clerk.If they give you the web address of the website, you may have to go to the clerk's office to pick up paper copies.
Step 3: You should consider consulting an attorney.
If you anticipate that another family member will contest your petition for guardianship, you may want an experienced family law attorney on your side.Start your search on the website of your state or local bar association if you don't know any good attorneys.There is a directory of attorneys who are licensed in your area.Being listed in the bar association's directory doesn't mean you have to do your own research on an attorney.You should use the free initial consultation you get from family law attorneys to interview several attorneys so you can compare and contrast them and find the right one for you.It's a good idea to ask the attorneys how many siblings they've handled, as it is a specialized case.You may not be able to find someone who specifically handles sibling guardianship cases, but anyone who does could potentially help you in a more specific way.
Step 4: Make sure you complete your forms.
If you don't have an attorney, read the forms and instructions carefully.Make sure your answers are complete and accurate by entering the required information.Most forms must be completed in black ink on plain white paper.Print your answers legibly if you're filling out the forms by hand.You have to give information about yourself and your younger sibling on the petition.Part of the notice of hearing form, a proposed order, and other forms must be completed in addition to the petition.You can download the forms from the court's website, or the clerk should have a packet.Make sure you have all the forms you need by reading the instructions carefully.If your parents have passed away and you want to take control of your younger sibling's inheritance, there will be additional forms that you have to complete.
Step 5: The clerk's office is where you should take your forms.
You have to file your petition in the court where your younger sibling lives.In some cases you'll need to file in the probate court if you want the family court to hear your case.You should make copies of all of the documents before you go to the clerk's office.Each of the people you need to serve will need one copy of your records.The California courts recommend making at least three copies because the clerk will keep the originals and one copy for the court's records.You will have to pay a filing fee when you file your forms, but in some courts it may be more.You should call the clerk's office to find out how much the filing fee is and what forms of payment are accepted.If you want to apply for a fee waiver, you should tell the clerk that you can't afford the filing fee.The form the clerk gives you has information about your income and assets.The court may waive any fees associated with your case if your income and assets fall below a threshold level established by the court system.The date for your hearing will be set by the clerk.All parties are required to receive notice of the hearing, so it is your responsibility to deliver copies to them.
Step 6: All interested parties need to be served.
The guardian of your younger sibling must have adequate legal notice from other family members.They are served with a copy of your petition and notice of hearing.People who must be served include your sibling's biological or adoptive parents, as well as any other close family members who could potentially serve as guardians, such as grandparents.Unless they have registered their consent to your petition or filed an affidavit of support, your younger sibling must be served.It is possible that others will need to be served as well.Anyone over the age of 18 who isn't involved in the case can serve the papers for you by hand.You cannot serve the forms on your own.You can hire a sheriff's deputy or private process serving company to deliver the papers for you, or use certified mail with a returned receipt requested.The person who served the papers must complete the top of the proof of service form in order to file it with the court.You can get copies of the form from the clerk.
Step 7: You have court forms.
When you go to your hearing, you need to have your copies of everything you filed with the court with you.You can find the documents easily if you organize them in chronological order.You should have copies of your proof of service forms as well as your petition and other notices.In addition to your court documents, you should also collect any statements you made in your petition or other forms, such as account statements or pay stubs.You may need copies of things other people have filed in your case.If your younger sibling filed an affidavit consenting to your guardianship, you may have additional documents.If anyone filed an opposition to your petition, you will need copies of that document, which should have been served on you.
Step 8: Talk to potential witnesses.
You can call witnesses at the hearing to testify on your behalf.Those you call will be people who can testify to your character and your ability to care for your younger sibling.Family friends, neighbors, and even your younger sibling's teacher or coach can be witnesses.If they are familiar with you and your younger sibling, community or church leaders can be good witnesses.If you are going to call someone as a witness, you should meet with them at least once to go over questions you will ask them.You should never ask a witness a question that you don't know the answer to.
Step 9: The duties of guardian should be reviewed.
If the court appoints you guardian of your younger sibling, you need to prove that you are prepared to take on those duties.You need to read and sign the document that lists the duties of a guardian in order to understand it.If you have to prove in court, use that list of duties as an outline.The judge will only appoint you as a guardian if he or she believes that you can fulfill those duties and that the appointment would be in the best interests of your younger sibling.It is possible to make an outline of what you want to say in court or about being a guardian for your younger sibling.
Step 10: Financial documents and background information can be collected.
You will need to prove to the court that you are qualified to be a guardian as well as capable of caring for your younger sibling, because you will have to present evidence of your financial responsibility and work history.If you've made an outline, use it to round up the documents you need.You want something that supports the points you've made in your outline.You need to be able to show the judge that you can care for your younger sibling and be financially responsible.If you have a steady job and are able to pay your bills, you will stand a better chance of being appointed guardian.If there is an older family member contesting your petition, it may be difficult for you to get the power of attorney for a younger sibling.Evidence of your education and background will show that you are a reliable person who your younger sibling respects.
Step 11: Your hearing date is approaching.
You have to show up for the hearing on the day of it.You need to notify the court as soon as possible if you can't attend on the scheduled date.Unless the court tells you otherwise, this is true even if no one is opposing your petition.If you live in a populated area, you should arrive at the courthouse at least 30 minutes early.You have to give yourself time to find the right courtroom.You can find a list of banned items on the court's website, so you can make sure you don't bring a cell phone or other electronic device into the courtroom.The judge may be hearing other cases on the same day as yours, so take a seat in the gallery until the judge calls your name.There are tables at the front of the courtroom.
Step 12: Tell the judge what you know.
Since you're the one who filed the petition, you can speak first when the judge calls your name.You can either make a brief opening statement or be asked questions by the judge.If you don't have an attorney, the judge will ask you questions instead of requiring you to organize your presentation.When you speak, you should address the judge.You don't need to speak to anyone else in the courtroom.If the judge asks a question that you don't understand, ask for clarification.If you don't know the answer to a question, it's a good idea to say "I do not know".
Step 13: If you have witnesses, please call them.
If you bring witnesses to testify on your behalf, you can ask them questions that will allow them to provide information to the court.People who oppose your petition will have the chance to question your witnesses.It's not possible to ask a witness to testify to something that doesn't come from their own knowledge or experience.You can't ask a witness to tell the court what someone else said.You wouldn't be able to ask them what they said if you called that person as a witness.During cross-examination, any opposing parties will be able to ask their own questions after you've finished questioning your witness.If the other party has asked the witness something that you didn't cover in your direct examination, you may be able to ask your witness follow-up questions.The judge may have questions for you as well.If the judge asks your witness a question, don't interrupt or try to answer it for them.
Step 14: There is a listing for opposing parties.
After you've told the judge why you should be granted control of your younger sibling, anyone who opposed your petition will have the chance to speak.If you want to respond to an opposing party's speech, take notes, but don't shout or interrupt them.You can cross-examine witnesses if an opposing party calls them.Pay attention to what the opposing party asks, and look for holes or problems with the witness's story that you can exploit during cross examination.The best interests of the child are the ultimate standard.If you can prove that it would be in the best interests of your younger sibling to be your guardian, the judge will allow you to do so.For example, your aunt might object to your authority.While you are just starting out in your career, she and your uncle are not.If your aunt were given the power to make decisions for your younger sibling, they would have to move to another part of the country, leaving behind only their school and friends.If you can show how important your sibling's friends, school, and community are to you, the judge might allow you to be their guardian.
Step 15: Receive the judge's decision
The judge will make a decision on whether to grant you control of your younger sibling based on the evidence presented.You may be granted temporary, rather than permanent, custody in some cases.You may be able to appeal the judge's decision, but you have a limited amount of time to do so.If you don't already have an attorney, you definitely should.If the judge granted you the power of attorney, you need to get copies of the order so you can distribute it to your siblings' school.The court should have a list of things you have to do.You are expected to file periodic status reports with the court about your sibling.