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maggi90w1
11-21-2010, 04:09 PM
Quick question: Is it possible for a 18/19 year old (finished high school) to become the legal guardian of his 4 year old brother after their parents death?

jclarkdawe
11-21-2010, 05:47 PM
Quick answer: yes.

Eighteen is the legal age of majority in the United States. Although there are some minor things where you are not legally an adult (such as drinking and criminal activity) where the age changes, these are exceptions.

Court would look at parent's choice (will primarily, but other expressions if no will) and then at the child's best interests. If the older brother is stable (working or enrolled in school), has sufficient money, is able and capable of childcare, and would be the best choice for who the younger brother lives with, then a judge would have no problems with doing this. The scrutiny would be higher than someone in their thirties, but not that difficult.

Best of luck,

Jim Clark-Dawe

Kitti
11-22-2010, 03:49 AM
Absolutely. I know several people whose parents' wills would make/would have made them their siblings' legal guardian in the event that anything happened.

dclary
11-23-2010, 01:25 AM
In CA, the court will always prefer that blood family raise a child, than foster or adoption, so as long as the 18/19 year old was able to prove ability, they'd most likely support it.

ottomadenedamotto
11-23-2010, 05:44 AM
there are some minor things where you are not legally an adult (such as drinking and criminal activity) where the age changes, these are exceptions.

Also, I don't think they let you rent a truck until you're 25.
;)