Legal Question in Family Law in United Kingdom

Sibling custody rights/obligations

I have a query about my rights and obligations regarding custody of my younger sister. I am a 19 year old female, and I have a younger sister who is currently 15 years of age. My father is dead, and my mother is suffering from a terminal illness. I know this probably sounds really strange, but I whether I would have the right to custody of my sister in the event of my mother's death? Or would this be expected of me? My mother hasn't any Will and I suppose I am next of kin and a ''major''. I'm studying nursing at the moment, have no criminal convictions, no arrests, no warnings, I'm not married but I have a boyfriend. I am really confused about this situation, and I don't know what would be expected of me or what my rights are. There are other relatives (Uncles, Aunts, Grandparents) on my Mother's and Father's sides of the family, but I am worried about my sister's happiness and whether she's really want to live with them.

I really hope you can help me, because I'm really worried about this!

Asked on 3/26/06, 2:43 pm

1 Answer from Attorneys

Andrew Dutton Legal -Zone

Re: Sibling custody rights/obligations

Hi. I am pleased to be able to tell you that many of your concerns are baseless. You sound to be a most responsible person and quite capable of caring for your young sister. If you are able to do so it is unlikely that anyone, being the courts or social services, would see any need to intervene and become involved. That said however it would be wise for your mother as the person with parental responsibility to appoint you as your sister's Guardian in the event of her death. This is a relatively simple task and appointment could either be in your mother's will or by executing a simple deed of guardianship. A form of guardianship together with more information is available free of charge from our web site.

Do please let me know if I can help further.

Andrew Dutton

[email protected]

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Answered on 3/29/06, 5:39 am

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