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How do I get guardianship on my 16 year old brother?

Vista, CA |

i'm 22 years old, financially set, and on my own. Our mother is on disabillity, bipolar but does not take her medicine. She does not wear her corrective lenses while driving which is dangerous. there is a huge amount of neglect and emotional abuse, CPS got involved but said it has be to be SEVERE PHYSICAL HARM in order for them to step in. The mother just took them out of state to Wisconsin, i'm in California. My brother is calling me every day crying about how our mother is mad today and how she verbally abuses him. Please help, i did everything i could when he was in california but the mother said i no longer had permission once she found out what i was doing. She is using their Social Security money on cigarettes instead of paying the bills and my brother.

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Attorney answers 3


You need to speak with an attorney in the area of Wisconsin where your mother has moved your brother. Many county bars have some type of legal advice program that can initially screen your question and direct you to attorney volunteers (who sometimes accept a reduced fee).

This is a general answer only and you should seek the advice of counsel to address facts specific to your circumstances.


Attorney Hackard has given you good advice.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


Can you get him back to California? The Superior Court in California, has no jurisdiction over individuals living outside the state. Once he's returned to California you can petition for Guardianship. His nomination of you certainly carries weight with the Probate Judges.

No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly for a more complete response.