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Siblings able to have guardianship over younger sibs

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BigSisLittleMom

Junior Member
What is the name of your state (only U.S. law)? Minnesota/New York

Hello my name is India and I have two siblings that i care deeply about. But unfortunately they are not with me and in a not so nice situation. My brother is 5 and my sister is now 4 living with their father in New York. My brother has autism and his father chooses not to recognize his disability. So he probably is not getting the help he needs in school. And also the last time I checked neither of my siblings were in school or darecare of any kind. If they aren't with their father they are with our mother, who tries to pass them up on other relatives as much as she can. Neither one of the parents are stable or (that I am aware of) have a job.

Unfortunately I am not an adult yet. But I was wondering if by the time I am of age (which i hope isn't too late) if I would be able to gaining some form guardianship of them or adopt them. Because as long as they have been alive I'm the one who has played with them and made them food. (Granted I could not buy the food but I would continuously be watching them for our mother to go to parties and such.)What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
you have no chance of anything unless both parents are proven to be unfit. Nothing you have said proves that. A 4 and a 5 year old not in school? I don't know of any schools that start at 4 and many that don't start at 5, especially depending on the actual birth date.

unless the kids are being left home alone, I don't see the problem.

If you believe the sibs are being mistreated, contact CPS and report it.
 

mistoffolees

Senior Member
you have no chance of anything unless both parents are proven to be unfit. Nothing you have said proves that. A 4 and a 5 year old not in school? I don't know of any schools that start at 4 and many that don't start at 5, especially depending on the actual birth date.
And even if the parents are unfit, they're not going to let a minor sibling adopt them.

If you believe the sibs are being mistreated, contact CPS and report it.
That's about it - but I don't see any evidence that they're being mistreated.
 

justalayman

Senior Member
obviously you didn't understand me i said when i come to age one. two when a child becomes 5 they have to go to school it is called kindergaten. and it IS required. and the reason why it doesn't seem like much to you is because i didn't put much down. if i wanted i could write a whole book about what is wrong with their parents.
first, I said nothing about your age. I did understand that point. Second, the law concerning attending kindergarten varies from state to state.

for minnesota, it appears 7 is the age a child is required to begin school:

Subd. 5. Ages and terms. (a) Every child between
seven and 16 years of age must receive instruction. Every child
under the age of seven who is enrolled in a half-day
kindergarten, or a full-day kindergarten program on alternate
days, or other kindergarten programs shall receive instruction.
Except as provided in subdivision 6, a parent may withdraw a
child under the age of seven from enrollment at any time.
In New York, the compulsory age is 6.

so, in neither of the two states you listed is a child of 5 required to attend school.


and that attitude of yours is why you would not be allowed to attend to your siblings. You were offered information and you throw a fit because it doesn't fit what you believe to be correct.
 

BigSisLittleMom

Junior Member
*sigh* i did not through a fit. and the information was not helpful. what i mainly wanted to know was if when i become of age would i be able to adopt them. that's all and i am sorry i offended.
 

Proserpina

Senior Member
*sigh* i did not through a fit. and the information was not helpful. what i mainly wanted to know was if when i become of age would i be able to adopt them. that's all and i am sorry i offended.


This is why it won't happen:

1) You are not even in the same State. Hence you likely have no proof of what is or isn't happening. Where are you getting the information?

2) Both parents would need to be proven unfit.

3) I cannot see anything indicating that this is the case.
 

Banned_Princess

Senior Member
*sigh* i did not through a fit. and the information was not helpful. what i mainly wanted to know was if when i become of age would i be able to adopt them. that's all and i am sorry i offended.
Most likely not.

no chance in the fires of hell.

Absolutely without a doubt , no.

you will have to let go of that dream, because it aint happinin.

So sorry, no.

The only way it might be possible (ity bity tiny slim chance) is if mom and dad allow you to adopt your sibbilings, do you think they will do that? even then a judge has to agree, and thats not going to happen either.
 

stealth2

Under the Radar Member
*sigh* i did not through a fit. and the information was not helpful. what i mainly wanted to know was if when i become of age would i be able to adopt them. that's all and i am sorry i offended.
Why don't we start with these questions - how old are you now, and who do you live with?
 

Banned_Princess

Senior Member
and may i ask why? if i can prove that both parents are both parents are unfit.
1. you are not old enough/

2. you cant support the children fully and with no help from anyone. ever.

3. how are you going to prove them unfit, has CPS taken them away yet?

you were wrong about what age they have to go to school, therefore it stands to reason you are wrong about what kind of behavior would make them unfit.

How are you equipped to deal with an autistic child?
 

BigSisLittleMom

Junior Member
Most likely not.

no chance in the fires of hell.

Absolutely without a doubt , no.

you will have to let go of that dream, because it aint happinin.

So sorry, no.

The only way it might be possible (ity bity tiny slim chance) is if mom and dad allow you to adopt your sibbilings, do you think they will do that? even then a judge has to agree, and thats not going to happen either.
um thanks for putting it in such a kind and touching way :rolleyes: but may i ask why would the judge not agree? (when i'm of course over 18 and have a steady income and stable home)
 

BigSisLittleMom

Junior Member
1. you are not old enough/

2. you cant support the children fully and with no help from anyone. ever.

3. how are you going to prove them unfit, has CPS taken them away yet?

you were wrong about what age they have to go to school, therefore it stands to reason you are wrong about what kind of behavior would make them unfit.

How are you equipped to deal with an autistic child?
princess as i have said a few times i mean when i am over 18 and they are not fit to take care of an autistic child.
 

Proserpina

Senior Member
um thanks for putting it in such a kind and touching way :rolleyes: but may i ask why would the judge not agree? (when i'm of course over 18 and have a steady income and stable home)


So tell me again where both parents are unfit.

And, if you KNOW that there is neglect or something else going on, what CPS has done about it?

Heck, why are we even having this discussion? You're 14. The law could change drastically over the next 4 years.


Come back when you're 18.
 

stealth2

Under the Radar Member
Sweetheart - four years is a LONG time. A lot could happen between now and then. If your siblings are being neglected, four years is too long to wait. How did you come to live with your grandmother?

Really... if your brother and sister as being neglected, the BEST thing you could do for them is call CPS. Or have your grandma do so.
 

Banned_Princess

Senior Member
um thanks for putting it in such a kind and touching way :rolleyes: but may i ask why would the judge not agree? (when i'm of course over 18 and have a steady income and stable home)
Because even over the age of 18 you are still a kid. your "stable" income and "steady" home wont really be that stable and steady will it. no, you would have just had the job a year, and place 6 months, do you know how fast you can loose both of those things? that just increases the likelihood you will need the states assistance to support yourself and the children, so the judge will be looking for someone more stable and more steady.

And finally, how much do you think you will be making right out of high school, didyou plan to attend college at all?
 
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