Legal Question in Family Law in California

I want to let my 15 year old son live his 25 year old brother to finish high school because I do not have a male role model for my son and he needs one. His grades have improved greatly under the influence of his brother. What legal action to I need to take. They will be in a different state then me. Just want to give my older son guardianship. What is the easiest approach?


Asked on 3/26/11, 7:21 am

1 Answer from Attorneys

James Goff James R. Goff, Attorney at Law

The only variable is the status of your custody of your son. If you have exclusive custody then you can sign a document that transfers to his brother the power over the younger son's educational rights and gives the older son the power to provide for medical care of his brother. It is not necessary that the older son gains guardianship. However, if you want to surrender all rights then the older son can file a petition for guardianship. If you do not have exclusive custody then guardianship might be your only recourse, but you risk a contested hearing if the other parent objects.

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Answered on 3/27/11, 1:48 pm


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