There are a few circumstances when a sibling may want to seek custody of their minor brother or sister. For example, if their parents have died or are neglectful, a sibling may want to provide care for their younger sibling as opposed to allowing them to enter the foster care system. However, getting custody of a younger sibling can often be difficult. Often, siblings are not much older than 18 when they apply for custody, putting them close in age to the child in question and making it difficult for them to care for themselves and the child. However, if you want to seek custody of your sibling, there are several issues you should be aware of.
In Most Cases, You Need to Be Over 18 to Apply for Custody
In most cases, you need to be over 18 and self-sufficient to apply for custody of a sibling. However, there are rare circumstances when you can apply for custody before you are 18. If you are legally emancipated and can show that you are financially and emotionally prepared to take care of your sibling, then you may be able to apply for custody of them.
What To Do When Your Parents Are Willing to Relinquish Custody
If your parents are willing to relinquish custody to you, then the process of applying to be a guardian of your brother or sister will be much easier. In these cases, your sibling may be placed with you formally or informally. Once they are placed with you by their parents or the court, then you may have to file documents to solidify your custody.
You should keep in mind that there are many levels of custody and care. For example, your parents may grant you physical custody of your sibling, allowing them to live with you, but retain legal custody. You will have to decide which type of custody arrangement you seek and have a lawyer draw up a contract between you and your sibling's current legal guardians.
What To Do When Your Parents Are Not Willing to Relinquish Custody
If your parents are unwilling to relinquish custody to you, there are several ways that you can fight for custody of your sibling. You may choose to call Child Protective Services (CPS) and have your sibling removed from the home. This may be the best option if your sibling is in immediate danger. However, you should keep in mind that CPS may place the child with a foster family until you are found fit to be a guardian.
If the child is not in immediate danger, you can apply directly to a court. However, this will likely be a long and somewhat expensive process. It may also be difficult to prove that your sibling would be better off with you if there is no danger of neglect or abuse.
Proving That You Would Make an Adequate Guardian
To prove that you will make an adequate guardian, you should have a stable income as well as a place to live that will fit your needs as well as the needs of your sibling. This may mean you will have to move into a larger apartment or move out of a home with roommates into your own place before you apply for custody.
You should keep in mind that there is financial assistance for siblings raising their brother or sister. This is known as kinship assistance. You may be eligible for food stamps, reduced or free healthcare, or a living stipend for your sibling. The benefits from these programs should go directly towards the care of your brother or sister.
For help with applying for custody of your sibling, contact a law office like Rute Law.
Hello and welcome, I'm Winfred Paulo. I have a passion for civil court cases of all kinds. Some time back, I ended up in the thick of a civil case after a lengthy dispute with my neighbor. The dispute went on for years and ended badly with an incident that landed us both in court. We had to prove our side of the case in an effort to obtain a positive outcome and recoup our losses. Unfortunately, I lost the case due to a lack of evidence. Since then, I've maintain a strong interest in civil cases and their proceedings. I will share information about civil cases on this site to help others understand these proceedings better. I may talk about legal terms, and expected outcomes for each case type. I hope you visit often to learn more. Thanks for stopping by my website.