Guardianship For A Dear Brother

**concernd_sis** · 12-12-2007, 02:24 PM

Here's the situation: my brother and sister from a different father came to the US this year. They live in Illinois. They haven't been with their dad all of their growing up years. He left roughly at an age when they were still learning how to walk... Lately I have been stressed out with their calls left and right complaining this and that and how they are adjusting with each other. My sister is 18 and brother is 16. Their dad is currently living in with his current wife and therefore their Step-Mom. The Step-mom is just literally "nit-picking" everything they do, she exaggerates everything. In short, they don't get along and they (specially the step-mom) just want to send them back home to our mom. My brother and sister don't want to go back and plus they are already US immigrants. I only have minimum wage and have two kids to support as well and I really can not afford my brother to be with me but I want to help them improve their life here in the US. I live in California. My sister on the other hand just barely finished high school and is currently working part time and she's willing to help me out if they move here. My questions are:
1. Can I get legal guardianship over my brother with my income level?
2. Can I stop their dad from sending them back home?
3. Can I still ask for their dad's support for Health Care Insurance (for both) and monthly allowance for my brother, IF I get the guardianship?
4. If I get the guardianship, will their dad still have control over them?
5. Their dad is afraid to turn them over to me because he believes that if something "happens" to my brother, he (their dad) will go to jail for negligence?
6. Does this have to be settled in court? or can we just sign paperworks and have it notarized and settle privately?
7. Can I ask the State of CA to help me with brother? Where and How do I start?

I really need help in resolving this. Please help. Thank you in advance for those who'll take time and interest to give me advice and pointers.

**Mr. Knowitall** · 12-14-2007, 04:51 AM

The issue of income is secondary to the question of what right you would have to seek guardianship. As it stands, there is no evidence that the father is a legally unfit parent, that you have a basis the court would recognize as valid to seek guardianship, or that you have the means to litigate guardianship issues in an Illinois court - that's the state with jurisdiction. It also isn't clear that you can offer the type of appropriate, stable home environment a court would expect. Which is not to say that you couldn't get guardianship with your father's consent - it's just not going to happen if he opposes you.

If you can work something out with your father where he lets them live with you, there's no reason why you cannot do that. You would have to check with the local schools to see if they would enroll your siblings based upon a power of attorney, or if you would need a court order. He would have to check with his health insurance provider to see if they would be eligible to continue their coverage.

**concernd_sis** · 12-26-2007, 09:15 AM

Thank you so much for that very useful info. I didn't even think that far. I guess your name says it all. I will try to talk to my "step-father" by the way, not my father, to smooth things out. Have a happy holidays!