Legal Question in Family Law in California
Older brother wants custudy of younger brothers who are in foster care.
Hi, my situation is my younger brothers, ages 10 and 12, have been taken away from my mother and my step father by the department of human services again. I want to know what I can do to get full custudy of my little brothers. Both the parents are unfit, but both the parents want custudy of the boys. Both parents have a crimnal history. I am a college student who works for the college full-time. I don't make much money but I make more than the both of them. I have a nice apartment outside of chicago with my girlfriend. She works at a bank in downtown Chicago. Do I have a chance?
2 Answers from Attorneys
Re: Older brother wants custudy of younger brothers who are in foster care.
Dear Inquirer:
Nothing herein shall create an attorney-client
relationship, unless a written retainer agreement
is executed by the attorney and client. This
communication contains general information only.
Nothing herein shall constitute an attorney-client
communication nor legal advice. There likely are
deadlines and time-limits associated with your
case; you should contact an attorney of your
choice for legal advice specific to your personal
situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general
information about California Family Law, as well
as information about me (education, experience,
et cetera) and my office (location, hours, fees,
policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear
enough and/or complete enough to provide a
definitive answer to you inquiry. That notwithstanding,
if the kids are under the jurisdiction of a CA
Juvenile Court you need a California Attorney. This
is not something to try doing yourself. Whether you
qualify for appointed counsel is questionable.
You may be able to merely get custody (like a foster
parent), or become their guardian.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
Re: Older brother wants custudy of younger brothers who are in foster care.
As a sibling you can adopt in California fairly cheaply. However you state
you live in Chicago. You would have to get an attorney in Chicago to help
you file an adoption petition then terminate the rights of the parents.
Usually for failure to support and maintain a relationship. If the children
are in state custody you should be able to apply to the state for custody of
the siblings for free either by way of a state foster placement,
guardianship or adoption. They can tell you if you have a chance to adopt.
You would probably have to get a private attorney but you might qualify for
a court appointed attorney if you are in a low income bracket.
The problem you have is you live in one state and the siblings live in
another. Right? You would need to contact social services in each state to
try and get help. I think you probably will end up having to hire a private
attorney here in California to put forth your case in California.
Please feel free to write back for more information.
John A. Giffen