Obtaining Custody Sibling

by John from Melbourne, Florida, Brevard County

Obtaining Custody Sibling: I am 24 years old, and would like to obtain legal guardianship of my 17 year old brother. He turns 18 in September, his mother and stepfather are trying to move out of the state, and he wants to live with me.



How do I go about obtaining guardianship of him so that he can stay in high school in Florida and live with me? Any information would be greatly appreciated.

Also, I'm not sure if this information would also help, but our father lives in Florida but on the other side of the state. We think he and his mother share joint custody. But like I said, he wants to live with me and so that he can stay here and finish school, and be near other family.

Answer to Florida Child Custody Question

Dear John,

You can petition the court for temporary custody of your brother based on Florida Statute 751 – Temporary Child Custody By and Extended Family Member.

Legal Guardianship in Florida is generally used for children that have assets, such as a large inheritance to protect, and I don't think it is the procedure that you're asking about.

Generally, a child's custodial parent must consent to the temporary custody.

Some of the circuits have these forms readily available on their website, and others do not.

The process for petitioning for temporary custody is the same throughout the state, so if you locate a form for one circuit it will work in another with minor changes. ave a look at our Temporary Custody Forms page for more information.

Alternatively, if your brother is self supporting, he is old enough to be emancipated. Again, his mother will likely have to consent to his emancipation.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

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