QUESTION

Is it possible for a sibling to get custody or guardianship?

Asked on Apr 09th, 2014 on Child Custody - Nebraska
More details to this question:
My mom left my two sisters (ages 10 and 13) and moved to another state. She has been gone for almost two years. We currently live with my grandmother who is 86. I'm 25 years old, supporting my sisters on one income while also assisting my grandmother due to her having a hard time getting around. I not only take care of them financially, I constantly meet with teachers, found a tutor and counseling sessions for my sisters. I can barely take care of my sisters and have decided to seek custody or guardianship due to finding out my mom is basically living off one of my sister's social security after my father passed. My mom only sends $150 every few months. Do you think I have a chance even though we live with my grandmother and how much would it possibly cost?
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4 ANSWERS

You have an excellent case. Your mother abandoned her children. File for custody and request child support. If your mother is gainfully employed, the child support will amount to a lot more than she is sending now.
Answered on Apr 11th, 2014 at 8:46 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Yes, you can probably get guardianship of your sisters. Cost depends on your location, legal rates there, etc. Your best bet is to contact a local family law attorney and talk with him or her about it.
Answered on Apr 10th, 2014 at 8:28 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Yes, since you have been doing this, the chances are good a court would allow you to keep doing it. You need to file a third party custody. As part of this, you need to ask the court to give you the social security checks for your sisters and to order your mother to pay child support. The social security belongs to the children not to your mother and does not count toward her child support obligation.
Answered on Apr 10th, 2014 at 12:11 PM

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Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
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Under the situation you describe, you would meet the criteria for guardianship. Talk with a local attorney about the costs, which vary depending on whether your mother would consent to allow you to become the guardian.
Answered on Apr 10th, 2014 at 12:11 PM

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