Legal Guardianship of Younger Siblings

**Abigail** · 06-11-2009, 12:55 PM

My question involves guardianship in the State of: Texas

I was wondering if I could get guardianship of my two younger sisters, ages 15, and 10. I will be turning 18 years old in august, I ran away from home when I was 15 years old and I am very concerned about my siblings, my mother is "homeschooling" my sisters and due to that my 10 year old sister cannot read. it's a very unfit situation for them and it can be proven, however I am not sure if the court will think I am a good enough provider for them since I am so young. Any information will be appreciated, I would just like to help my siblings.

**Abigail** · 06-13-2009, 07:34 AM

Also, I am a student living under government money. so I am wondering if adoption would be a better option?

**LawResearcherMissy** · 06-13-2009, 07:50 AM

On what grounds do you expect to try to take custody of your siblings? You don't approve of how they're being raised?

Short of your mother being proven unfit in the eyes of the court, you don't stand a chance.

And this:

Also, I am a student living under government money. so I am wondering if adoption would be a better option?

...torpedos any chance you might have had anyway. You can't even support yourself without help.

**Abigail** · 06-13-2009, 09:39 PM

There is history of sexual abuse from my father and mental and physical from my mother, not to mention neglect.

I should of made myself more clear, when I left my home I was taken in by people who I know call mom and dad. is there any chance they could help my sisters?

**LawResearcherMissy** · 06-14-2009, 11:29 AM

You ran away. That's going to undermine your credibility, to begin with. Living on assistance isn't going to help you either.

But more importantly...

Did you report the abuse to the authorities? When you did so, what happened? Were your parents charged with anything? Were the courts involved?

Let me repeat this one more time: If you cannot PROVE in a court of law that your parents are unfit, you do not stand a chance of gaining guardianship of your siblings, whether the people who took you in try to help or not.

You cannot just go to court and say "Judge, I ran away from home. Now I want custody of my siblings."

**Abigail** · 06-15-2009, 07:03 PM

I completley understand the fact of proving something, I am wondering if it is legally possible for someone that isn't related to them to become guardians of them. and yes, I had quite a few case reports with CPS, some when I was still living there and some of them when I left, I am not sure if the court was involved, they were investigated apparently, according to my mother.