Legal Question in Family Law in California
Getting custody of a sibling
How does one go about getting custody of a sibling? The parents of this child, 14 years old, cannot provide for him. They have slept in a car for months, are now in an apt, but have 6 people living in 2 bedrooms. He often goes without food. His sister, who doesn't live in the house, pays for more than 50% of his need every year. His sister wants to get custody so he will be in school, fed, and kept out of the gang life he is falling into, but doesn't know where to start. Any advice you can give about where to start would be much appreciated.
1 Answer from Attorneys
Re: Getting custody of a sibling
You cannot do anything in this case without the full support of the 14 year old child. His voice will be very imporant. It may be very hard to get him to accuse his own parents.
Then, you should develop a relationship with your Children's Protective Services. Don't expect any fast changes. Ask them if they agree with you that you should take guardianship of the child.
Once you have assured yourself that there will be no obstacles except the parents you can file for guardianship of the child and, if he agrees, and if the DCPS does not interfere, you will probably be given guardianship of the child. I warn you, though, this child is going through powerful hormonal changes. It is very possible that he will turn on you.
You might just decide to stay in the wings, offering what love and support you can to this child and that will mean being diplomatic and pleasant to his parents.
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