Is a brother a legal guardian?

You can apply to be a child’s special guardian if you’re not their parent and you’re over 18.

You can make an application with someone else. This is known as a joint claim.

You and anyone you’re applying with can apply if:

  • you’re already the child’s legal guardian
  • the child lives with you because of a child arrangements order
  • the child has lived with you for 3 of the past 5 years
  • you’re the child’s relative or a foster parent, and the child has been living with you for at least 1 year
  • you have the agreement of anyone named in a child arrangements order as someone who the child will live with
  • you have the agreement of all the people with parental responsibility for the child
  • you have the agreement of the local council, if the child is in care

If you do not fit one of these descriptions, you’ll need to ask the court’s permission to apply. You’ll need to send the following forms to your local family court:

https://www.gov.uk/apply-special-guardian/who-can-apply

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