Generally, speaking, courts tend to keep siblings together in custody battles. It is a tad more complicated when it comes to giving custody of one sibling to another. But it is certainly not unheard of; in 2011, there were 262,028 adult sibling caregivers in the US.
Why pursue this kind of custody? A sibling might want to protect the other sibling from an abusive parent, or he or she might feel better equipped to assist his or her disabled sibling. So how exactly does one gain custody of a sibling? The following will outline the various considerations that go into sibling custody cases.
The Court’s Consideration
In any child custody case, the court’s number one objective is to make a decision in the best interest of the child, which means making a decision that furthers the child’s overall happiness, mental health, and emotional development. The court will often prioritize the parents’ perspectives, as psychologists have found that primary caretakers are integral to development. But there are a number of other factors that go into the court’s final determination about granting custody to a sibling.
For instance, the court will consider the child’s expressed desire. If the child wishes to be with his or her sibling, then this will impact the court’s decision. The court will also consider the parents’ capacity to care for the child. To this end, judges will want to get a sense of the parents’ mental and physical health, in addition to finding out whether the home is a secure and stable environment – this may involve figuring out if the parents are abusing drugs or alcohol.
The court may also interrogate the child’s relationship with other members of the family. Relatedly, the court may want to know how the child is faring in school and the community more broadly.
Becoming a Guardian
If you are trying to become the legal guardian of your sibling, you will have to file a petition to the court requesting guardianship. The first consideration in this regard is whether you are over 18 or legally emancipated and whether your sibling is under 18 or legally dependent. Additionally, every state has its own procedure for making a custody request or attaching terms to a court order, so be sure to research the specific forms required by your state. To do this, you might consider seeking the help of an experience attorney who specializes in custody cases.
The Responsibilities of Guardianship
There a number of major responsibilities that go along with being a guardian. At bottom, you would have to look after the physical wellbeing of your sibling in addition to handling your sibling’s assets. You would also have to:
- Supply a legal residence so your sibling can attend public school
- Apply for public assistance, if necessary
- Apply for public housing, if necessary
- File a lawsuit for your sibling, if the occasion arises
Additionally, you would need to receive and handle any money given to your sibling for the benefit of their health and wellbeing. As a guardian, you would also have to care for your sibling’s property while ensuring he or she gets an education. Finally, if the child were to become sick, you would need to authorize all medical procedures and provide any care necessary for the child’s wellbeing.
Moving Forward
Being a guardian is certainly a lot of work but by no means is it an impossible task. Take for instance the case of Kathy Borkowski who raised her three siblings starting at the age of 19 after her parents passed away. According to Borkowski, the number one thing is “to have some compassion” and to have faith that it will work out.
That’s not to say this isn’t a stressful decision. If you are considering getting custody of your sibling, don’t hesitate to ask a family law attorney for help. That way you won’t have to go through this trying process all alone.
