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  1. #1
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    Jan 2010
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    Default How to Become Legally Named Brother and Sister

    I guess this is a fairly strange question..

    My best friend asked me if there was a way, if I'd consider being legally named her brother. I know, sounds strange but this is why...

    She grew up in a household where she was sexually, physically and mentally abused. She wants nothing to do with her mom, dad or 2 sisters.

    I've known my friend for over 20 years and we've been like Brother and sister since. I even gave her away at her wedding. She and her husband have had a child a year ago and she is worried that if something happens to them that their baby boy would go legally to the grandparents/sister who would wind up doing the same thing to their child that happened to her.

    I know a living will/estate will, would possibly cover guardianship but could be contested by blood relative, correct?

    Would she be able to disown her family in a way that would prevent her family becoming legal guardians of their child? And also, is there a way that she could name me as her brother, legally?

    She lives in PA and I live in OH. I was born in Pennsylvania if that makes any difference in the matter.

    Thanks for your time and attention to the matter.

  2. #2
    Join Date
    Dec 2009
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    Lake Chapala
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    Default Re: How to Become Legally Named Brother and Sister

    There's no need for you to become her brother (and this is not really possible anyway - the only way this could be done is if your parents formally adopted her or her parents formally adopted you, and even then you'd only be step-brother/sister).

    She needs to speak to a lawyer about legally designating you or someone else as her child's guardian should she die or become incapacitated. Once that's done and signed off on, she has nothing to worry about.

  3. #3
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: How to Become Legally Named Brother and Sister

    Quote Quoting newshutr
    View Post
    I guess this is a fairly strange question..

    My best friend asked me if there was a way, if I'd consider being legally named her brother. I know, sounds strange but this is why...

    She grew up in a household where she was sexually, physically and mentally abused. She wants nothing to do with her mom, dad or 2 sisters.

    I've known my friend for over 20 years and we've been like Brother and sister since. I even gave her away at her wedding. She and her husband have had a child a year ago and she is worried that if something happens to them that their baby boy would go legally to the grandparents/sister who would wind up doing the same thing to their child that happened to her.
    Unless the abuse is documented and proven and she can show that her children would be at risk, the next of kin is traditionally the first in line for custody. But this applies for both she and her husband.


    I know a living will/estate will, would possibly cover guardianship but could be contested by blood relative, correct?
    That is correct. Standby guardianship is the best idea but no, it will not necessarily prevent next of kin from stepping in.

    Would she be able to disown her family in a way that would prevent her family becoming legal guardians of their child? And also, is there a way that she could name me as her brother, legally?
    No, and no. To become her legal brother, you would need to be adopted by her parents.

    She lives in PA and I live in OH. I was born in Pennsylvania if that makes any difference in the matter.

    Thanks for your time and attention to the matter.
    You're welcome.

    The best thing, actually, is to simply NEVER have contact. Then, if the worst was to happen it would actually be much more difficult for her family to override the standby guardianship in court.

    The courts would be far more likely to honor the parents' wishes if the children had never had a relationship with the legal relatives.

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