Procedure for 18 Year Old to Get Custody of Younger Siblings After Death of Parents

[tbccsinger]

My question involves guardianship in the State of: Florida

I am 18 years old and my parents were killed in a car crash. I have two younger siblings - a sister who's 9 and a brother who's 5. My sister and brother have been through a lot and I don't want them to be separated or moved to other states. My parents and I had discussed my being named as legal guardian in the event of their death shortly after I turned 18, never thinking that it would ever actually be needed, but they never had the chance to change their will.

The guardians named in my parent's will are all out of state and can only take one of my siblings. Also, my siblings barely know these relatives. I want to apply for guardianship of them both, but am not sure how to go about doing so. Also, is there anyway to apply for temporary guardianship while this is going on so they can remain with me until a final decision is reached? They've been staying with me so far, but I want it to be legal in case someone tries to challenge it. I just want what's best for them. They have both said they want to stay with me, if that makes a difference.

Any help you can provide would be really appreciated, and the sooner the better.

Thanks so much

[Mr. Knowitall]

At present, you're stating that nobody else is interested in seeking guardianship? The children live with you in an appropriate home? You have the financial means to support your siblings? Also, has protective services been involved at any point and, if so, have they approved the children's living situation? Are you capable of handling the financial aspects of guardianship, care for your siblings, attend to their finances, and take care of yourself?

There's a standard form petition for guardianship, Bar Form No. G-3.020. You may be able to obtain a copy through your county court. I haven't found a free copy online.

[tbccsinger]

Thank you so much for answering my question.

My Aunt and Uncle are interested, but they only have room for one of the kids as they live in a two-bedroom apartment. They've said they'd support me in getting custody if I were to go ahead with it.

My parents owned our house outright and left it to me and my siblings in their will, so we don't have to worry about that. I am currently working and have extended family willing to help out however they can financially. Protective services have not been involved at all. Should I involve them? Do they need to be involved in order for me to get legal guardianship?

I believe that I can handle everything. My Dad taught me from a young age how to handle the finances and I've always helped care for my brother and sister. I realize that this is a big undertaking and that I'm committing the next 13 years of my life, at least. I've thought about this till my head hurt and I believe that this is what's best for them and me.

What should be my next step? The form you mentioned? Contacting protective services?


PS - I've already looked into college online as a possibility for myself or the local community college. I'm not going to neglect myself, but I'm also not going to hand over my little sister and brother, who are still grieving our parents, to people they barely know.

[aaron]

Generally speaking, if protective services is not involved you want to keep it that way.

If you want to file for guardianship, you need to get that petition form, fill it out and file it.