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Can a sibling be a guardian of a younger sibling?
In this article, you’ll learn about:
Let’s dig in.
Yes, an older sibling can be a guardian for their younger siblings.
The sibling has to be an adult to be a guardian to their siblings.
And the family law courts have to grant guardianship over the siblings with a court order.
The courts want to keep a child with their biological parents.
But, they will grant an adult sibling guardianship if the parents are:
They want to make sure that it’s in the sibling’s best interest to give guardianship to an older sibling.
“Best interest of the child” means that it’s to better the child’s well-being.
You have to get a court order to get legal guardianship of a sibling.
Even if your sibling has consented to you being their guardian.
You still have to get a court order for your legal guardianship of a sibling to be legally accepted.
The first thing you have to do is file a legal guardianship form with the courts.
You can get these legal guardianship forms at the Superior Court.
And that’s where you’ll file them too.
After you file for legal guardianship, you need to schedule a court hearing.
The courts will interview both parties to make sure you should be appointed legal guardian.
After this, you will get legal guardianship.
To get custody of a sibling, you’ll need to:
If an older sibling becomes a legal guardian over a younger sibling, then:
Gaining guardianship of a sibling does not mean the parents terminate parental rights.
Or that they are giving up child custody to the brothers and sisters.
Guardianship of a sibling is a temporary arrangement.
It lasts until the parents are fit to take back custody of a child.
This could be a few months, a few years, or indefinitely.
To figure out if you can get guardianship of a sibling, fill out the form on this page.
You can get the legal advice you need from a family law attorney.
They will help you determine if you can get guardianship of a sibling.
An older sibling can be a guardian for a younger sibling.
But, the courts will still need to appoint the older sibling as a guardian.
Old siblings are not automatically guardians.
The parent still has the responsibility of taking care of the child.
If the parents cannot take care of the children, they can appoint an older sibling as guardian.
To get custody of a sibling, you’ll need to:
The court order is what gives you legal custody of the child.
Now, your responsibility will be to take care of the child as the appointed guardian.
Let’s talk about the probate courts interviewing people.
They will want to make sure that it’s in the sibling’s best interest to give you guardianship.
They will want to interview:
After the family courts have done this, they will issue court orders.
These will give you custody of your siblings if you are approved.
Here are some other questions we get around can a sibling be a guardian.
Yes, a sibling can be a legal guardian of a younger sibling.
The family courts will only allow a sibling to be a legal guardian if:
Brothers and sisters can be legal guardians to their younger siblings.
Yes, you can get custody of your siblings when you’re 18 years of age.
The requirement to get custody of your siblings is that you’re an adult.
Yes, an 18-year-old can be a guardian.
Per state laws, you have to be an adult to get custody of a minor child.
If you want a reliable, attorney-created conservatorship or guardianship, fill out the form below.
Our experienced attorneys will create your paperwork, which means:
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