As part of a guardianship of the estate, you must also keep in touch with the court. Click here for more information on the duties of a trustee. Yes, it is important to have the help of a guardianship lawyer for any custody issues you may have. As mentioned above, custody laws are complex and can vary from province or territory to jurisdiction. A lawyer will advise you on applicable laws, help you file your application and represent you in court proceedings. If your siblings need your help, having a lawyer by your side is your best chance of success. In some cases, the investigator may recommend that the court appoint a lawyer to represent the child. This lawyer would be paid by the court. The costs of the judicial investigator and possibly of the court-appointed lawyer may be charged to the person requesting the appointment of a guardian. If you cannot afford to pay the costs, you must apply to the court for a fee waiver. In most cases, the sibling seeking custody must visit the court or court website of the county where their sibling resides. They must submit an application to be appointed guardians of their siblings, along with any other required forms.

Yes, a sibling can be a legal guardian if the above age requirements are met and the court awards custody to the brother or sister. The courts assume that the child is best placed to live with a biological parent. However, an adult sibling can get custody of a sibling in certain cases, such as: While staff at the clerk`s office are helpful, it`s always best to have the help of a lawyer to fill out legal forms. Before you are appointed guardian, the forensic investigator wants to know if: There are legal ways to get custody of a sibling – here`s how. As with all court cases in Illinois involving children, the primary goal of the court is to make a decision in the best interests of the child. The court will consider certain considerations when hearing a guardianship case: If you want to become a guardian, you must read the Guardianship Pamphlet (Form GC-205). The guardianship brochure is also available in Spanish, Korean, Chinese and Vietnamese. You can use the forms you need to ask the court to appoint a guardian to the person (Form GC-505) to get information about the procedure for filing guardianship.

As mentioned earlier, it is important to prove to the court that guardianship is necessary for a sibling and is in the best interests of the sibling. In order to obtain custody of siblings, the first step is to determine whether custody recourse is necessary. Unfortunately, not all children have two parents who love and take care of them properly. Some children have to endure the tragedy of losing one or both parents at a young age, while others are deprived of their parents, as decided by the justice system. In most cases, these difficult court decisions are in the best interests of the child, even if the child is too young to see it that way. If family members are unable to care for the young person, they are accepted into the foster care system for voluntary foster care. However, for those who have siblings who are 18 or older, they may have another option: legal guardianship. www.childwelfare.gov/pubPDFs/kinshipguardianship.pdf Our custody and guardianship attorney in Phoenix and Scottsdale will advance your case with personal concern and attention, always keeping in mind your best interests and that of your children when proposing legal solutions. If the child`s parents are still alive and accept guardianship, the court may place the child with the child`s adult sibling if the placement is necessary and appropriate in the circumstances. If at least one parent objects to guardianship, the best interests of the child take precedence, including whether the child`s well-being would be jeopardized if the child continued to live with one or both parents.

In emergency situations like these, you can ask the court to appoint a temporary guardian. You must prove a “good reason”, which means that you must have a very good reason to apply for temporary guardianship. (See Article 2250(b) of the Succession Code) Keep in mind that you will also need to fill out all general guardianship forms. Obtaining custody of a sibling includes court records and orders. And whenever a court makes a custody decision, that decision is made in the best interests of the child.