Legal Question in Family Law in Arkansas

how to obtain legal guardianship of siblings

My parents want me to have legal guardianship of my two younger siblings so they can come live with me (I'm in the military). HOw do I go about to obtain the guardianship and how much fee is involved? They lived in Arkansas.

Asked on 6/11/08, 11:29 am

1 Answer from Attorneys

Rod Johnson Law Offices RL Johnson

Re: how to obtain legal guardianship of siblings

How you go about becoming a legal guardian depends on the children’s legal status and the circumstances giving rise to the need for a guardianship. For instance, if the parents are subject to the jurisdiction of a court, then the court will assess the case and will have a range of options for disposition. One option is to place permanent custody with, or grant guardianship to, a relative (e.g., you) or other person and close the case with no Department of Human Services (“DHS”) involvement. If this is the case, an interested relative (i.e., you) must contact the assigned DHS case worker in order to be considered for placement. On the other hand, if the children are not under any court’s jurisdiction, then you would file a guardianship petition in the appropriate circuit court in Arkansas (which it is assumed your parents would not contest). Arkansas also has a “Stand-by Guardianship,” which allows a parent who is chronically ill or near death to appoint a guardian for the parent’s minor children.

Thus, the circumstances giving rise to the need for a guardianship will generally determine the appropriate legal procedure. You can call the family division of the Arkansas family court in the county in which your parents live to inquire about filing fees.

Finally, you should contact an Attorney licensed to practice in Arkansas to discuss the facts and circumstances of this case. You should also speak with your unit’s Admin Specialist to find out whether and how your command will support such a huge commitment.

Good luck.

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Answered on 6/13/08, 12:01 am

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