After filing and serving guardianship documents, the proposed guardians and the adult for whom guardianship is sought must appear before a judge for a hearing. The judge then decides whether guardianship is granted. Read this section to find out what you need to do before the guardianship hearing and what you can expect at the hearing. If an application is filed with the court, there will be a hearing to consider the security and suitability of the potential guardian`s home. The hearing will also ensure that the prospective guardian understands the role they assume among the responsibilities associated with guardianship. To obtain custody of a brother or sister, the older brother or sister must be of legal age. The age of adulthood varies by state, but is generally 18. In some states, such as Alabama, the age is 19. Many children who are about to join the foster care system have spent much of their lives caring for themselves or have been fortunate enough to have an older sibling who has taken on a parenting role in their lives. However, without legal guardianship rights, the child cannot remain in their custody. Illinois law allows all teens to have at least one legal guardian, and in the absence of their parents, a close family member can take on that role. Children over the age of 14 may accept applications for guardianship, but those under that age must rely on the court`s decision.
In Illinois, anyone 18 years of age or older, being “in good health,” who has not been convicted of a serious felony and is acceptable to the court can apply to be the person`s guardian. The qualifications may seem a bit low, but the court`s impression of the guardianship applicant may decide or break your case. Although state law may vary, guardians must generally be over the age of 18 or legally emancipated and apply for guardianship of a sibling under the age of 18 or be legally dependent. The guardianship filing procedure, as well as the required forms and documents, may vary by jurisdiction, so consult an experienced attorney if you are trying to get custody of a sibling. If you are applying to be a guardian, you will need to “deliver” a copy of the petition and citation to the adult, many of the adult`s family members, and possibly other authorities. The court will not serve these documents on you; You must ensure that they are properly served, otherwise your hearing will be cancelled. Visit this section to learn how to properly serve loved ones and other necessary organizations. In some cases, younger siblings may be asked about their personal opinions or preferences regarding their housing situation. To obtain guardianship of a child, the parents must voluntarily renounce custody or it must be revoked by a judge. The suspension of custody can be temporary or permanent and can be decided by a single judge. The court may require the applicant to inform the relatives of his or her siblings of the application for guardianship. This can cause problems in situations where the child`s parents have died and custody has been given to other family members in a will.
If both parents of the child are dead, the court will check if there is a written will. The guardian has many responsibilities, including the ability to provide care, provide food and shelter, provide the minor with access to medical care, and ensure that the child has access to education. Siblings applying for custody must be of legal age. The brother or sister for whom they are seeking custody does not need to be of legal age. In addition, the court may take into account the child`s custody preferences if the child is old enough and able to express his or her preference. For families with several minor children, the adult sibling may need to prove that custody would receive the family unit. This is especially true in cases where other family members would not be able to accommodate all the children and they would be separated. If you want to be the guardian of an adult, there are many forms you need to fill out to open a file. The forms tell the judge about you, anyone who wants to be a co-tutor with you, who you want to be the guardian to and why guardianship is necessary. Read on for more information on the forms you need to fill out and how to open a case. In cases where one parent has custody of a child, a non-parent may have physical custody. There are common custody issues that can affect both guardians and custodial parents.
Obtaining custody of a sibling is a particularly complex area of custody. This is because the courts generally do not award custody to persons other than the child`s parents. If a child`s parents are unable to care for them, adult children or older siblings do not automatically get custody of their younger siblings. It`s important to note that custody laws vary from state to state. If the person does not reside in the same state as his or her siblings, or if one or both of the brother`s parents can contest the application for guardianship, the custody procedure can be very complicated. Other circumstances that may complicate an application are if the child is disabled or owns significant property. While staff in the clerk`s office are helpful, it`s always best to have a lawyer help fill out legal forms. As noted above, courts often consider other children and siblings whose own custody is relevant to that child`s custody arrangement and may decide that custody of siblings is in the best interests of the child. If you`re hoping to get guardianship from your siblings, it`s best to contact a lawyer and get advice about the laws in your area.
Christopher Coble, E. (2019, March 21). Can you get custody of a sibling? FindLaw. Retrieved September 27, 2021. on www.findlaw.com/legalblogs/law-and-life/can-you-get-custody-of-a-sibling/. In most cases, the sibling seeking custody must visit the court or court website of the county where their sibling resides. They must submit an application to be appointed guardians of their siblings, along with any other required forms. TalkingParents recommends that prospective and new guardians contact legal guardians in their area to help them navigate the guardianship process in their jurisdiction. Our custody and guardianship attorney in Phoenix and Scottsdale will advance your case with concern and personal attention, always keeping in mind your best interests and that of your children when proposing legal solutions. In the unfortunate event of the death of both parents, an adult sibling may apply to the court for custody of his or her sibling. Guardianship cases can become emotional and controversial, especially when multiple family members are vying to become the child`s legal guardian.
At Calabrese Associates, P.C., we fight to change a child`s life by helping family members become their legal guardians and preventing the child from being placed in the hands of a stranger. Our guardianship attorneys in DuPage County have over 40 years of combined experience in family law matters in Illinois. To obtain guardianship for your sibling or a family member, contact our office at 630-393-3111 to schedule your initial consultation. There are legal ways to get custody of a sibling – here`s how. For a sibling to have custody, it would have to be proven to a court that both parents are incapacitated or incapable in some way, or that both parents are deceased. If the parents are not deceased, they must indicate that they do not wish to have custody of the child. As mentioned earlier, it is important to prove to the court that guardianship is necessary for a sibling and is in the best interests of the sibling. In order to obtain custody of siblings, the first step is to determine whether custody recourse is necessary. The person seeking custody must know if their sibling is involved in a separate custody case and if there is already an order for custody of the sibling.
If an injunction already exists, the person may have to file an application with the same court as the existing order to ensure that two courts do not make conflicting orders.
