Similar to other states, under Arizona family law, child custody is the right of a parent or legal guardian’s rights to make decisions regarding their child, including their:
- Residence
- School
- Religious practices
- Medical care
- Education
Parents or other individuals who have been awarded custody rights by courts are the individuals who make decisions about the child. As long as their custody rights or parental rights are not terminated, biological parents, if their names appear on the child’s birth certificate, are automatically afforded these rights.
Getting custody of a minor sibling can be a very complicated and nuanced issue in child custody law. A court will not typically award custody rights to people who are not a child’s parent.
It is important to note that when parents cannot care for their children, an older sibling or another older adult is not automatically given custody rights over that child. When an older sibling wants to obtain custody of their younger sibling, they will have to show that either:
- Both parents are deceased
- The parents are not fit or capable of caring for the younger sibling
If a child’s parents have not passed away, they will have to sign a document stating that they do not want custody of the child. There are numerous issues that may arise that can indicate a parent is unfit, such as:
- Neglect or abuse of the child
- Abandoning the child
- Not providing for basic needs
- Exposing them to psychologically damaging or emotionally harmful situations
An unfit parent may be an individual who has a lifestyle that is generally not considered to be in the best interests of the child. Additionally, courts are more likely to deem a parent unfit if their current situation or conduct is likely to continue.
If both of a child’s parents have passed away and neither had a will that stated who should care for the child, other parties who have legitimate interests may petition the court for custody of the child. Examples of individuals who may be eligible to petition for custody of a child may include:
- Siblings
- Uncles
- Aunts
- Grandparents
- Family friends
A court will usually only grant third-party custody rights in emergency situations. Because of this, it can be difficult for an older sibling to get custody of a sibling.
What Is the Process for Obtaining Custody of a Sibling?
As discussed above, a child’s older sibling will have to show a court that having guardianship over that younger sibling is in their best interests and is necessary. The older sibling will also need to find out if a custody appeal will be required, which can be determined by a lawyer.
An older sibling can request that their parents or the other legal guardians of the child voluntarily give up their custody rights. An older sibling who is trying to get custody of their younger sibling might have to visit the courthouse in the county where the sibling resides and file a petition requesting they be appointed their guardian, as well as completing any other required forms.
Although courthouse employees can be very helpful, individuals should always have legal assistance from an attorney when they are completing any type of legal form.
The sibling seeking custody will need to find out if another custody order is in place already. If one is already in place, the sibling may have to petition that court to ensure that an additional inconsistent custody order is not issued.
Child custody decisions in Arizona, as in other states, are based on the child’s best interest standard. If the child’s older sibling claims that their parents are unfit, they will have to demonstrate to the court that they are able to care for their younger sibling and provide for their:
- Food
- Housing
- Clothing
- Medical care
- Education
- A stable home life
A court may have an investigator interview the older sibling who is filing the petition as well as the younger sibling and to visit the residence where they will live. The older sibling may be able to show that they are mentally, emotionally, and financially capable of caring for the younger sibling and that it would be in their best interests. If this is the case, the older sibling may be granted custody rights.
Courts can also consider the preferences of the younger sibling about their custody arrangement if they are old enough to state what their preferences are. If there are other minor children in the family as well, the older sibling seeking custody may be able to argue that having custody of their younger sibling will help them preserve their family unit, especially in those cases where there are no other relatives who can care for them.
How Old Do You Have to Be to Take Custody of a Sibling in Arizona?
For an older sibling to obtain custody of their younger sibling in Arizona, they have to be over the age of majority, which is 18. It is important to note that the younger sibling that the older sibling is trying to get custody of must be a minor, or under 18 years of age.
An older sibling may have questions regarding obtaining custody of their younger sibling in Arizona. If this is the case, they need to schedule a legal consultation with a local attorney in Arizona who can explain the laws that will apply to their situation and what they will be required to demonstrate to the court.
Can a Sibling Be a Legal Guardian?
An older sibling can be a legal guardian when they are awarded guardianship rights by a court. As discussed above, the majority of courts will assume that it is in a child’s best interest to live with their biological parent or parents.
Instances in which an older sibling may be appointed a legal guardian include:
- Both parents are incapacitated
- Incarceration
- Other reasons that the parents are not fit to care for the child
What Else Should Be Considered?
There are also other issues that may arise in sibling custody cases, as they can be more complex than other types of custody cases. If, for example, the siblings live in different states, the laws in both of the states may not be the same.
If the younger sibling owns a lot of property or if they are disabled, it may also make the care more complicated. In cases like these, the court may require that the sibling who is petitioning for custody provide notification to other parties who might be interested in their younger sibling’s custody situation.
Do I Need an Attorney for Sibling Custody Issues?
If you feel that you need to obtain custody of your younger sibling in Arizona, it is essential to consult with an Arizona child custody lawyer as early as possible. Your lawyer will explain the laws that will apply to your case and the possible reasons it may be complicated, file your custody petition on your behalf, and present arguments on your behalf as to why you are able to care for your younger sibling.
LegalMatch can help you find a lawyer in your area who can help you obtain custody of your younger sibling. Submit your situation on the website, and you will get answers from licensed and pre-screened member attorneys in about 24 hours that includes their education, experience, and fee arrangements.
