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Can a sister who turns 18 gain custody?

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#1 hewGT21


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Posted 06 January 2011 - 06:15 PM

I'm going to be turning 18 soon and I was wondering if it is possible for an older sibling to gain custody or guardianship of her 2 younger siblings or atleast one of them? Recently my mother has not been the best person to live with, I fear for her sanity sometimes and I'm not just saying it, because she really has not seemed all there at times. My father does not currently live with us and my parents are soon getting divorced. My sister does not want to live with my father due to the reason they dont get along very well, though he is fine with my brother and me. I want to gain guardianship of my 5 year old brother and 15 year old sister and want to know if there is anything I need to be eligible to get guardianship over please let me know. I've been worried about my family recently especially since we just lost our apt to a fire and are stayin in a hotel. My father is in the army so he can provide stable housing. My mother is Native American though and can try to keep custody of my little brother and sister and I'm really worried about that. I strongly feel that my family does not need to be near my mother. No one else knows about this other than my sister and myself, but I'm trying to get my father to get custody of my brother, and sister if I can not get guardianship, because my sister does not really want to live with my father. Green Bay, Wisconsin, Brown County. I believe my father is a resident of San Diego, California though. May be wrong don't know if he changed his residency to Wisconsin.

#2 Ted_from_Texas


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Posted 07 January 2011 - 12:46 AM

I'm not aware of a law in any state that prohibits an adult from becoming a legal guardian on the basis of age alone, so I won't say that it's impossible.

However, no matter how old you are, you cannot obtain guardianship of your siblings over either parent's objections unless you can convince a court of competent jurisdiction that they are unfit parents.  From what you say here, your father appears to be perfectly fit.  Whether your mother's "issues" bring her fitness into question I can't say, but I can assure you that "not being the best person to live with" isn't even off the peg on the scale of bad parenting.  For all I know, her problems could be stress from marital issues, and when the divorce is over she could level out and be fine.

Feel free to consult a local family law attorney to find out how Wisconsin law applies to your particular circumstances, but don't get your hopes up.

#3 missingmyhubby


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Posted 07 January 2011 - 05:55 AM

you have no legal standing to get custody of your siblings. only your mom and dad do. and untill theyre 18, the court, not them, decides whom they live with. and btw, they decide who has contact with the kids, so if you get on mom  and dad;s bad side, they can cut you off from contact, and there wont be anything you can do about it.

#4 hewGT21


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Posted 15 January 2011 - 07:42 AM

well i was trying to gain custody but i think they are going to be under the custody of my mom until my father can gain custody of them because he needs a larger place to support them. but i think the stituation is all good now.

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