How do I become a child's legal guardian?

[Kermit]

DH's 17-year-old half-brother (the child of his real dad and step-mom) has been living with us for a few weeks. He moved in with us because his parents really hadn't ever been that great anyway, and then his dad got really sick, and his mom was always with him at the hospital, so we felt that he'd have a better chance at succeeding if he moved in with us.

Anyway, my FIL died Tuesday. His mom didn't even mention wanting him to move back in with her. She's a loser. Seriously. I usually don't say things like that, but her boyfriend came to the wake.

So DH and I want to become his brother's legal guardians. The primary reason we want it is because we want his Social Security checks to come to us (he turns 18 in March) so that we can hold them for his college or whatever secondary education he chooses. If they go to his mom, she'll just spend it. Plus, it would be nice for us to get to claim him on our taxes. We've done a lot for him and plan to continue doing so. His parents hadn't bought him clothes in 3 years, so that was the first thing we did when he moved in with us. And he hasn't even had driver's ed yet, so we're planning on sending him there and then getting him a car when he gets his license.

I don't know what to search for online to find out how to do this. I don't even know what governing body controls it. I would assume it's the state, but I have no clue. Has anyone ever done this?

 

[Deb in IA]

I believe it is done through the juvenile court system.

Find a lawyer who practices family law. They should be able to help you out.

 

[nativetxn]

I don't know anything about becoming a guardian.

I'm so sorry to hear about your father, Kermit

 

[bsnyder]

I agree with Deb - you need to get a family law attorney involved. This is not something you should attempt to do on your own.

He's a lucky young man to have you guys to look out for him, Kermit. Best of luck to you!

 

[Buckalew]

Kermit, I am very sorry about your FIL. Sounds like their lives were a mess--how sad.
Good luck with becoming a legal guardian.

 

[LuvTigger]

Kermit, I'm sorry about your FIL too, and also wanted to say that you are a great person for wanting to take him in!

Laws can vary from state to state so you'll need to find out how to go about it in your state. Is his mother his legal guardian right now? I would also think that this would have to go through the Family Court System. I agree that you should find an attorney to help you with this, mainly because things could get sticky with his mother.

Good luck, please keep us updated!

 

[doxdogy]

I would definitely contact a family law attorney. Even if you aren't his guardian you should still be able to claim him on your taxes. When my father-in-law lived with us we were able to claim him as a dependent. Even when my nephew lived with us, we could have claimed him. But, DH decided to be nice and let his parents claim him on their taxes.

 

[dcgrumpy]

I was able to get my sister's Social Security checks come to me after my mother died even though our father was alive. I also claimed her on my taxes and covered her on my health insurance. I didn't have to go to court to do it. I called Social Security and asked them what I needed to do.

 

[Claudia1]

You will need to get the current custodial "parent" to sign off. IN our state, you need to petition the court. If it is uncontested, then you might not even need to appear in court. Your attorney can present it to the judge.

You definitely need an attorney.

 

[kejoda]

Kermit I'm sorry about your FIL. I would also get an attorney but I would also call the social secrutiy office to find out what the first step is in getting the checks started. I was at the SSA office once where a lady was tellling me that her Mom had recently died and she was trying to get the checks sent to her since she had the younger kids but her other sis had all ready claimed the checks. (She had drug problems). I of course don't know the outcome but to be on the safe side I would call them and let them know whats going on.

Prayers and {{{HUGS}}}

 

[aurora19]

You can become your half brother's representative payee for his ssi checks without becoming his guardian. It will require both your DH and his brother going to your SSA office and filling out a 2 page form. In addition, you should make sure that both DH and his brother bring with them 2 forms of ID. It will take approx 6-8 weeks to go through.

And yes, you can also claim him on your taxes as long as your home is his "permanent" home for as long as he is a full-time student (for 5 or more months/year) or he is 25 whichever comes first.

Kim

(tax acct)

 

[janette]

Because of his age you might want to take into consideration what would be best for him for financial aid. If you are his legal guardian or claim him on your income tax would your income be considered on his financial aid.