Legal Question in Family Law in California

I am a 24 year old woman living in California. I would like to become the guardian of my younger brother (16yrs old) but i wouldnt know how to go about it at this point. He currently lives in Nevada and is not staying with either of my parents, and has been staying with a close friend of mine for the past month. Niether of my Parents have been seen or heard from in the past month. I have spoken with all of my family members (uncles/aunts, grandparents, cousins) in attempt to come in contact with my parents. Their whereabouts are unknown to everyone I have spoken with and they are not believed to have phones. Also about three years ago my brother was put in the foster system and just recently was handed back over to my father about a year ago. My father was losing his home and told my brother he could no longer stay with him, and that is one of the reasons he is staying with my friend. Basically, what are the steps of obtaining guardianship if I can not come in contact with my parents for them to sign him over.


Asked on 4/04/11, 1:03 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

Your brother needs to move in with you. Then you need to file for guardianship where you live. You can obtain the assistance of an attorney or you can attempt to prepare and file the necessary forms yourself. The difficulty will be serving your parents with the paperwork. It is easier if they sign a consent and waiver of service. Many bar associations have clinics for guardianship issues and provide advice if you cannot afford the services of an attorney. Contact legal aid or public service law groups for help.

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Answered on 4/09/11, 3:08 pm


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