QUESTION
What do I have to do to get my younger siblings custody?
Asked on Dec 15th, 2013 on Child Custody - Louisiana
More details to this question:
My mom just passed away 2 weeks ago. I'm 19 years old turning 20 in February. I have a special E.D. 18 year old brother and a 9 year old sister. We are currently living in a triplex with my mom's side of the family but my dad wants to move out. I'm not going with him and the kids don't want to live with him. I've always helped my mom with the kids all the hospital dental any paperwork is under my name. I've taken care of them this whole time. Even when my mom was ill, I took care of her and the kids. My dad has not even signed 1 school paper or anything. My brother needs special care and my dad has no clue what to do in case of an emergency. I had a job but quit two months ago because my mom was ill and I needed to take care of her. What do I have to do to get custody? My mom's always told me that in case something happened to her she wanted me to keep the kids. I'm applying to get a job next year meanwhile right now I'm trying to help my siblings cope with our loss.
6 ANSWERS
In California, you would go to the Probate Court and apply for a Guardianship. They should have a packet of forms for you to fill out. You can get a temporary guardianship quickly. If you can, hire an attorney to help you. There is a lot of paperwork.
Answered on Dec 20th, 2013 at 6:17 AM
My condolences. You are going to have to apply for legal custody, probably in Dependency Court. Does or will your father provide financial support? If not he should and Family Court can order it unless the custody of the children is given to your father, which is possible. You probably need to work the Department of Social Services (CPS). Social Services was created to help in situations like this. Don't be surprised if CPS talks about placing your sister and brother in foster care. It has happened in the past Do you live in a large or a small county? It seems each county has its own policies regarding care and custody of minor children and those with disabilities. What you're thinking of is a major obligation. Are you going to continue living with your mother's family? That may help keep the kids with you. CPS may agree with that because you have a support mechanism built in and it would be in the best interest of the children.
Answered on Dec 20th, 2013 at 6:17 AM
Bruce Provda
You really need to talk with a custody attorney or Legal Services. Your father is the biological parent so it might depend on that and many other things. Do seek some advice in person.
Answered on Dec 20th, 2013 at 6:16 AM
4 Awards
You could apply to get guardianship of your siblings, but if your father objects, you will have a very difficult hill to climb because of the parental preference doctrine. Your father has automatic custody after the death of your mother, and the only way to take that from him is if he agrees or you can hire an attorney to fight a custody battle to show he is 1) unfit or 2) has forfeited his parental rights. The law is very stringent and these are difficult things to prove. Also, not having employment will make it difficult for you to show you can care for two children. You should visit with an attorney under attorney-client privilege to discuss the specific facts in your situation and what your options may be. I'm very sorry for your loss.
Answered on Dec 20th, 2013 at 6:16 AM
Commercial Contracts Attorney serving Boise, ID
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You will need to file a petition for guardianship, but dad has first priority. I think you should find a family assistance charity in the area, in Boise I would suggest the Women's and Children's Alliance. There is more going on here than just legal needs.
Answered on Dec 20th, 2013 at 6:15 AM
Personal Injury Attorney serving Marksville, LA
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To legally obtain custody, you'd need to file a petition to establish custody, and your father would need to be named as defendant. Based on what you've said, he likely will not contest your petition, but if he does, you may very well be able to establish that your siblings may be placed in harm's way if kept in your father's custody.
Answered on Dec 19th, 2013 at 1:12 PM