Legal Question in Family Law in Florida
any legal guadianship alternatives?
My older sister and I are considering moving to California. Right now she lives in New Jersey, where my father also resides. I am 17, currently living in Florida, with my mother and younger sister, and have for the past 5 years. My parents are not legally divorced and they do not have any type of formal custody arrangement. I am financially dependent on my father. If my sister and I were to move to California, a legal guardianship would allow her to sign contracts in my name(for school, I will be a freshman in college) and in case of any emergency, she would be able to make medical choices for me. Unfortunately, my sister does not have the means to support the two of us and I have a feeling that once I move, my father will not provide enough money, if any, to live off of. Especially, if my sister is granted a legal guardianship, which will likely give her the financial responsibility of all my expenses, my father will most likely argue so if I were to sue him. Are there any alternatives to a legal guardianship in this situation?
1 Answer from Attorneys
Re: any legal guadianship alternatives?
Your question probably needs to be answered by a California lawyer, not a Florida lawyer, since that's where you'll be living.
Under Florida law, you're correct that a guardianship would give your sister the right to sign you up for school. It would also give her the right to consent to medical procedures for you. But, in Florida (I don't know about California law), you could do the same thing with a Power of Attorney. With a Power of Attorney from your mother and father to your sister, you wouldn't have to go to court, and she'd have the same right to sign you up for school and consent to your medical needs. Or, at least, that's how it works in Florida.
There's no easy way to force your parents to pay your sister for keeping you (under Florida law). Basically, you are asking for child support. If your sister asked for it--in court or not--one of your parents would probably just demand that you come home and go to college. If your sister tried to get child support by adopting you (weird but legal), your parents could just stop the adoption by refusing consent.
Check with a Califirnia lawyer to see if there is any way to do what you want, but I wouldn't get my hopes up.
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