Legal Question in Wills and Trusts in Missouri

Legal Guardianship

My brother died 11 days ago. I now have his 3 girls (12,14,16) living with me and want to be their legal guardian per my brothers verbal request. He has been divorced for 9 years but the mother has not paid child support or seen much of the kids. She is now in a homeless shelter, no house, no car, no job, no phone etc and has lived this way for at least the last year. Maybe longer. The past she used drugs but is now pregnant and due in 3 months. Her second husband took the 4th child, this will be the 5th. I have a home (11 1/2 years) 4 bedroom 3 bath, same schools as they have had with their dad, same job for 17 1/2 years and was very involved in my kids lives at their age (they are 20 and 22 now). Do you know of any cases where the mother in this circumstance would get the children? I think she just wants their social security money.


Asked on 1/28/09, 5:31 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Legal Guardianship

Please accept my sympathies for the loss of your brother. I believe that the mother is legally entitled to these children unless you take legal action to obtain a court order granting you custody or establishing you as the legal guardian of the children. Please consult with an attorney as soon as possible.

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Answered on 1/29/09, 12:51 am


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