Sponsored Links. Replies: 2 Last Post: , PM. Replies: 1 Last Post: , PM. Can a brother and sister share a room by law in Michigan? By scitter in forum Child Custody, Support and Visitation. Replies: 1 Last Post: , AM. Legal Help, Information and Resources. Join our forum and ask a legal question for free, or to participate in discussions.
Our forum includes lawyers, employment, insurance, tax and real estate professionals, law enforcement officers, and many other people with specialized knowledge, in addition to participation by interested laypersons. You will find thousands of answers to legal questions. Third party custody rights are typically only granted in extreme or emergency situations. Therefore, it may be difficult to get custody of a sibling. In order to get custody of siblings, the first step is to determine if a custody appeal is necessary.
In the majority of cases, the sibling who is requesting custody will be required to go to the court or court website in the county in which their sibling resides.
They will need to file a petition to be appointed as the guardian of their sibling as well as any other required forms. The individual petitioning for custody will need to know if their sibling is involved in a separate custody case and if an order regarding the custody of the sibling is already in place.
If there is already an order in place, the individual may need to petition to the same court as the existing order, so that two courts do not issue inconsistent orders. The court may order that an investigator is to interview the petitioner and their sibling as well as visit the home in which the child will be residing.
For families that have multiple minor children, the adult sibling may be required to show that having custody would preserve the family unit. This is especially true in cases where other relatives would not be able to take all of the children and they would be separated. In order to obtain custody of a sibling, the older sibling must be an adult. The age of adulthood varies by state but is typically 18 years of age. In some states, such as Alabama, the age is The sibling seeking custody must be over the age of majority.
The sibling they are seeking custody of must be under the age of majority. Yes, a sibling can be a legal guardian if the age requirements discussed above are satisfied and the court grants the sibling custody rights. Courts presume the child is best suited to live with a biological parent.
However, an adult sibling may gain custody of a sibling in certain cases, such as:. It is important to note that custody laws vary from state to state. Other circumstances that may complicate a petition include if the child is disabled or owns significant property.
Yes, it is essential to have the assistance of a guardianship lawyer for any sibling custody issues you may have. As noted above, custody laws are complex and may vary by jurisdiction. We will not reply to your feedback. Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers. The nidirect privacy notice applies to any information you send on this feedback form.
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