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  #1  
Old 06-05-2009, 04:20 PM
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Join Date: Jun 2009
Posts: 2

Legal Guardian of my brother


What is the name of your state (only U.S. law)? FLORIDA

Hi,

I need to become legal guardian of my 16 year old brother. Our parents live in another country and I need to be able to make legal decision on his behalf.

can you tell me what should I do?
what does the process involve?
and is it possible at all?

thanks
jdWhat is the name of your state (only U.S. law)?
  #2  
Old 06-05-2009, 05:34 PM
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Join Date: May 2004
Posts: 40,876
Quote:
Originally Posted by javadood View Post
What is the name of your state (only U.S. law)? FLORIDA

Hi,

I need to become legal guardian of my 16 year old brother. Our parents live in another country and I need to be able to make legal decision on his behalf.

can you tell me what should I do?
what does the process involve?
and is it possible at all?

thanks
jdWhat is the name of your state (only U.S. law)?
How old are you? Your age could make a difference. Would your parents legally agree to make you your brother's guardian?
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in vino veritas
  #3  
Old 06-05-2009, 06:31 PM
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Quote:
Originally Posted by LdiJ View Post
How old are you? Your age could make a difference. Would your parents legally agree to make you your brother's guardian?
I am 25. And yes my parents agree with this. They are coming this summer so we can take care of this. we are happy family but my brother is young and he is going to live with me and I need to be able to make legal decisions on his behalf.
  #4  
Old 06-05-2009, 06:52 PM
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Join Date: May 2004
Posts: 40,876
Quote:
Originally Posted by javadood View Post
I am 25. And yes my parents agree with this. They are coming this summer so we can take care of this. we are happy family but my brother is young and he is going to live with me and I need to be able to make legal decisions on his behalf.
If your parents are in agreement its really quite simple. I would recommend having an attorney draw up the paperwork and submit it to the courts. If you use an attorney, its unlikely that you will even have to appear in court and it should not be too expensive if everyone is in agreement.
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  #5  
Old 06-06-2009, 06:38 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,365
Quote:
Originally Posted by LdiJ View Post
If your parents are in agreement its really quite simple. I would recommend having an attorney draw up the paperwork and submit it to the courts. If you use an attorney, its unlikely that you will even have to appear in court and it should not be too expensive if everyone is in agreement.
Except for the fact that the OTHER country has jurisdiction over the child. So what country is that?

While they might be able to consent to jurisdiction there are also immigration issues that need to be dealt with in order to be a legal immigrant. That causes other issues. So it is NOT quite simple.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #6  
Old 06-06-2009, 07:32 AM
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Posts: 40,876
Quote:
Originally Posted by Ohiogal View Post
Except for the fact that the OTHER country has jurisdiction over the child. So what country is that?

While they might be able to consent to jurisdiction there are also immigration issues that need to be dealt with in order to be a legal immigrant. That causes other issues. So it is NOT quite simple.
Those are pretty big assumptions OG. Nothing in his initial post indicated that the 16 year old was not living in the US or that any of them were not US citizens. Just because the parents are living in another country doesn't mean that they are immigrants.
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  #7  
Old 06-06-2009, 07:53 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,365
Quote:
Originally Posted by LdiJ View Post
Those are pretty big assumptions OG. Nothing in his initial post indicated that the 16 year old was not living in the US or that any of them were not US citizens. Just because the parents are living in another country doesn't mean that they are immigrants.
And you are assuming that junior is an American citizen as are the parents. Those assumptions are just as big. And your information may not be complete due to the assumptions you made. So lets go to the OP:

1) Why are your parents in another country?
2) What is your citizenship, brother's citizenship and parents' citizenship?
3) Are you here on a visa (due to your user name)?
4) How long have your parents lived in the other country?
5) How long has your brother been here?
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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