How do I get legal custody of my brother.

[ABigSis]

What is the name of your state? Michigan

My now 14 year old brother has lived with my husband and I for 2 1/2 years now. I just recently found out that my doctor (or any in the area) will take his (my mothers) insurance. My mother (and her insurance) is out of state. I talked with my mom and she has told me to do what it takes to make sure he's covered. After talking with my employer, it sounds like I need to get Legal Custody.

Currently, my husband and I have Power of Attorney of my brother. My mom signs a new POA document every 6 months and mails it to me.

Can my husband, mother & I do this on our own since we are all in agreement? I have no idea where to even start....

 

[LdiJ]

What is the name of your state? Michigan

My now 14 year old brother has lived with my husband and I for 2 1/2 years now. I just recently found out that my doctor (or any in the area) will take his (my mothers) insurance. My mother (and her insurance) is out of state. I talked with my mom and she has told me to do what it takes to make sure he's covered. After talking with my employer, it sounds like I need to get Legal Custody.

Currently, my husband and I have Power of Attorney of my brother. My mom signs a new POA document every 6 months and mails it to me.

Can my husband, mother & I do this on our own since we are all in agreement? I have no idea where to even start....

Check into private policies for your brother as well. Unless you have other children on your insurance at work, it might be more cost effective.

 

[ABigSis]

I do want to get him covered on insurance (a private policy might be cost effective - great idea), but I'd still also like to go through the process of getting legal custody. My husband and I have been thinking about it for awhile now, and not until the insurance thing come up did we really decide to look into it.

The POA every six month isn't the ideal setup, and my mom is in poor health. I think it would be easier while she's able to give consent than later if anything were to happen.

I'm just not sure where/how to start the process. Should I contact a family lawyer? Or can I go to a courthouse and file papers on my own? Is there a website that has what I need?

 

[LdiJ]

I do want to get him covered on insurance (a private policy might be cost effective - great idea), but I'd still also like to go through the process of getting legal custody. My husband and I have been thinking about it for awhile now, and not until the insurance thing come up did we really decide to look into it.

The POA every six month isn't the ideal setup, and my mom is in poor health. I think it would be easier while she's able to give consent than later if anything were to happen.

I'm just not sure where/how to start the process. Should I contact a family lawyer? Or can I go to a courthouse and file papers on my own? Is there a website that has what I need?

Personally, I would use an attorney. If you and your mother are in agreement, it won't cost much.

 

[Ohiogal]

LD you are forgetting about one other person -- what about dad? Didn't see him mentioned. Dad would have to agree to this situation as well.

 

[LdiJ]

LD you are forgetting about one other person -- what about dad? Didn't see him mentioned. Dad would have to agree to this situation as well.

Good point.....I had it in my mind that dad was deceased. I don't know why.

 

[ABigSis]

Good Point - I didn't think about that. His father has not been in the picture for many years. He was an illegal alien and last I heard was that moved back to Mexico about 5 years ago. Does there need to be some effort proven to look for him?

I have talked to my mom, and she is in agreement that this is best for everyone. Is it possible to share legal guardianship? or is it one or the other?

 

[Ohiogal]

Are you talking LEgal Custody or guardianship? Two different creatures.

 

[LdiJ]

Good Point - I didn't think about that. His father has not been in the picture for many years. He was an illegal alien and last I heard was that moved back to Mexico about 5 years ago. Does there need to be some effort proven to look for him?

I have talked to my mom, and she is in agreement that this is best for everyone. Is it possible to share legal guardianship? or is it one or the other?

In that case I definitely think that you should use an attorney. I don't think that the father is going to be a factor in the matter, but an attorney will handle that aspect properly.

It is possible for you and your mother to have joint custody. However, as OG said, custody and guardianship are different...not necessarily a whole lot different, but different.