It’s generally known that courts have a preference not to separate siblings when they’re issuing custody orders. What happens if one sibling wishes to have custody of another? In many cases, an older sibling is going to want to take a younger sibling out of an unsafe or harmful parents care. In other situations, a younger sibling might believe they’re better suited to take care of a disabled older sibling.
There are legal ways for you to get custody of a sibling – keep reading and find out how.
Sibling’s Best Interests
Obtaining custody of a sibling is going to involve court filings and/or orders. At any time a court is making a ruling concerning child custody, that determination is going to be made in the best interest of the child. Whereas courts may consider parents or legal guardians when making a decision concerning custody, they might look at a multitude of elements when determining whether awarding custody to a sibling is in that sibling’s best interests:
- The child’s preference (if they are old or able enough);
- The physical and/or mental health of the parents;
- The requirement of maintaining a stable home environment;
- The child’s interaction and connection with other family members and the household;
- The child’s flexibility to school and commune; and
- If there is evidence of domestic abuse, parental use of undue discipline or mental abuse, or parental drug and/or alcohol use, or child abuse.
As aforementioned, the courts are going to usually also think about other children and siblings in which their own custody is pertinent to this arrangement, and might determine that siblings custody is in the best interest of the child.
To legally get custody of a sibling you are going to be required to petition a court for becoming their guardian. Your sibling must usually be a minor or otherwise legally reliant, and you must be over eighteen or legally independent. The to file a request within the court for custody, or even for placing agreed-upon custody conditions into a court order, can differ state to state. You are required to have specific forms and paperwork.
Whereas state law will differ, usually guardians are required to be over age eighteen or legally dependent and petitioning for guardianship of a minor sibling or otherwise legally reliant. The method for filing for guardianship, in addition to the necessary forms and paperwork, can vary from jurisdiction to jurisdiction, so speak with a knowledgeable custody attorney if you are attempting to get custody of your sibling.
Christopher Coble, E. (2019, March 21). Can you get custody of a sibling? FindLaw. Retrieved September 27, 2021, from https://www.findlaw.com/legalblogs/law-and-life/can-you-get-custody-of-a-sibling/.
Speak With Our Child Custody Attorney In Scottsdale
Our child custody and guardianship attorney in Phoenix and Scottsdale will advance your case with concern and personal attention and always have you and your children’s best interest in mind when offering legal solutions.
An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.