Ok, lets say the parents of an eight year old girl die. She's got an older brother who's nineteen. Would he be able to legally have custody if there where no other relatives capable?
I hope that made sense .
-Kiley-
The statistics on sanity are that one out of every four Americans is suffering from some form of mental illness. Think of your three best friends. If they're okay, then it's you. - Rita Mae Brown
Which country, providence, and time setting is this in?
Ubi caritas est vera, Deus ibi est.
"The mark of your ignorance is the depth of your belief in injustice and tragedy. What the caterpillar calls the end of the world, the Master calls the butterfly." ~ Richard Bach
Today in USA! (Not sure where in the US exactly, maybe WA?)
-Kiley-
The statistics on sanity are that one out of every four Americans is suffering from some form of mental illness. Think of your three best friends. If they're okay, then it's you. - Rita Mae Brown
Yes, but there would have to be a trial to determine the competency of the brother and discuss possible other options for the best interest of the child.
First of all, here's a cool trick to get good answers on this: e-mail your local congressman. Go to house.gov to find out who it is then e-mail him or her. Don't tell them it's for research; tell them you just need to know the information. I do this a lot to my congressman, and I usually receive a response within a few weeks. They'll do anything to get your vote! I just don't tell him I'm only 16
However, I believe write_me is right, although it will depend on your jurisdiction. For some areas, it will be 18, others it could be 21 or even 25 perhaps. A court though will always take into account the capacity of the potential guardian; that is, their level of responsibility and financial income. If said 19 year old was a college student, then the likelihood is no. But if said 19 year old had a steady job, an apartment, and no criminal history, then the answer would probably be yes.
It also depends on what the parents had decided. In my mother's will, if she dies and my brother is 18, he gets custody of me, even though he is only three years older than me. She could have picked someone else, though.
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