Guardianship in Alabama refers to a legal relationship in which a court appoints an adult person to care for another person who is not legally competent to care for themselves. Courts in Alabama might order a guardianship for a variety of people. A person does not actually get custody of a sibling in Alabama. However, they may be appointed to serve as the guardian of their minor sibling in the appropriate circumstances.
Guardianship refers to the relationship in which a person who is not a parent has a legal status that is comparable to that of a parent. In cases in which one parent has legal custody of a child, a non-parent who is a guardian can have physical custody. There are some common child custody questions that can have an affect on both guardians and custodial parents. A legal consultation would help a person understand the differences.
To be appointed the guardian of a child, the child’s biological parents must have voluntarily given up their legal custody. Or a judge may have revoked the custody rights of the parents. A court’s suspension of legal custody can be temporary or permanent. It is something that only a court of law can do. A local attorney in Alabama would be able to explain these processes.
A guardian may also be appointed in the event that both parents pass away while a child is still a minor.
What Is the Process for Obtaining the Guardianship of a Sibling?
A potential guardian would file a petition in the probate court in the county where their minor sibling resides. The petition should explain the reasons why they want to be appointed the guardian of their minor sibling.
After a petition is filed, the court appoints a guardian ad litem, who is an attorney whose role is to represent the interests of the ward, e.g. the minor sibling, for the purposes of the guardianship process.
A court representative may interview the potential ward and the adult sibling who has filed the petition for the guardianship. The court then conducts a hearing. The petitioner and anyone who may oppose the appointment of the guardian may present evidence.
At the conclusion of the hearing, the judge decides whether to grant the petition for guardianship. If the court decides in favor of granting the petition, it issues what are called “letters of guardianship” in Alabama legal terminology. These letters specify the guardian’s exact powers and responsibilities.
The court may appoint any person whose appointment it thinks would be in the best interest of the minor child. However, if the child is 14 years old or older, any person the child nominates must be appointed unless the appointment is contrary to the child’s best interest. Also, a parental nomination has priority.
How Old Do You Have to Be to Take Custody of a Sibling in Alabama?
To assume responsibility for the care of a sibling as a guardian in Alabama, a person must be at least 18 years old. As part of the process, the person who wants to be appointed as a guardian would also have to show the court that they are physically and emotionally capable of caring for the child. A person who wants to be a guardian for a minor sibling would also have to show that they have the financial resources necessary to provide the care the child needs.
An Alabama court may appoint any person whose appointment would serve the best interest of the child. It is interesting to note, however, that if the minor is 14 years old or older, the minor may nominate a guardian, and the court must appoint this nominee unless the appointment would clearly not serve the child’s best interest.
Can a Sibling Be a Legal Guardian?
As noted above, an adult sibling who is at least 18 years old may be appointed as the legal guardian of their minor sibling if they are otherwise qualified. A person wants to remember they have to assume the responsibilities of a parent when they become a guardian. They must provide care, support, and education for the child. A person who is older than 18 might be best qualified to fulfill the role of a guardian.
Generally, a court requires that a person who is to be appointed as a guardian is someone who is personally known to the ward. They should have an existing relationship with the child. They must be able to apply funds that are available to meet the needs of the ward for their health, support, education, and maintenance. They must conserve the ward’s assets, if they have any, and report on the condition of the ward to the court periodically.
They may receive funds for support of the ward. They also have the legal right to compel the payment of child support by anyone who is legally obligated to provide that support.
What Else Should Be Considered?
As noted above, a child who has been orphaned may need a guardian. Also, guardianship might be appropriate if an Alabama court has determined that it is in the child’s best interest to terminate the parental rights of a child’s biological parents per child custody laws in Alabama. A court might terminate a parent’s right to custody of their child in cases that involve child abuse or neglect, drug or alcohol addiction, or parental incapacity.
In some situations, a child’s parents themselves may have named an adult sibling in their will to serve as the child’s guardian if the parents pass away or become incapacitated.
It is possible that an adult sibling of a minor child would be the person who petitions a court to terminate the parent’s rights. An Alabama family law attorney would be able to help an adult sibling collect evidence to support termination of parental rights and show that it would meet the child’s best interest standard. Courts use this standard for all child custody decisions in Alabama.
They might also prepare the legal petition to get the adult sibling appointed as guardian.
The guardianship of a minor sibling would come to an end when the minor reaches the age of 18 years old or is emancipated by marriage or the order of a court.
A court might also appoint a person to manage the property of a minor. This might be required in a case in which the parents have passed away and left an inheritance for the minor that must be managed for them. This person would be referred to as a conservator in Alabama.
A conservator has the authority to invest and reinvest funds, deposit funds in financial institutions, buy and sell real and personal property, manage stocks, bonds and stock options, borrow to protect the ward’s estate and do any other reasonable acts that serve the interests of the conservatee and their assets.
A conservator is required by Alabama law to provide an accounting of the conservatee’s assets to the court at least every three years. The court may order an accounting more frequently. An accounting is also required upon the resignation or removal of the conservator.
Do I Need an Attorney for Sibling Custody Issues?
To become the legal guardian of your sibling who is under the age of 19, you want to consult an Alabama child custody lawyer. LegalMatch.com can quickly and easily connect you to a lawyer who understands the forms, documents and court procedures required and can help you make your best case.
