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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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How do I petition for Guardianship of my nephew over the age

Resolved Question:

How do I petition for Guardianship of my nephew over the age of 18 who still needs me to financially support him while he is attending college? He has been living with me for about a year, just graduated from high school and has started his college. State of Indiana states that he is an adult and I cannot be his guardian. I am in the military and the only way I can add him as a dependent is if I have a court document stating that I am responsible for over 51% of his support and living expenses. I also have to have him in DEERS in order to transfer my Post 911 GI Bill to pay for his education. Can you please help me? Thank you.

SGT Marlene Templeton;XXX@XXXXXX.XXX or XXX-XXX-XXXX
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 years ago.
Actually, adoption is the only way to do this now that he is legally an adult. The only way to get guardianship over someone who is 18 or older would be if they were mentally handicapped and in need of a legal guardian. However, since it is pretty apparent that your nephew is not mentally or physically disabled, you are going to have to adopt if you want to claim him now as a dependent.


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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90080
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 9 other Family Law Specialists are ready to help you
Expert:  Law Educator, Esq. replied 3 years ago.
Sorry that it was not what you wanted to hear but your comment about providing child support until 23 if the child is in college applies only in cases where there is a child support order in place and if you did not have any child support order or legal custody order from the court in place prior to him turning 18, then it is too late now.

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