Under the family laws of Connecticut, child custody rights are those legal rights that legal guardians and parents have over their child, which include making decisions about their:
- School
- Medical care
- Religious practices
- Residence
- Education
Individuals who have legal rights to make decisions regarding their children are typically their parents or other individuals who were awarded custody rights from a court. If a child’s biological parents have not had their parental rights terminated and their names appear on the birth certificate, they are automatically provided with these rights.
When an older sibling seeks custody of a younger sibling, it can be a complicated legal process under the child custody laws in Connecticut. Courts do not usually award custody rights to individuals who are not a child’s parents.
Simply because a parent is not able to care for their child does not mean that an older sibling or other adult will automatically be given custody rights over them. If an older sibling desires to obtain custody of their younger sibling, they will need to show to a court that one of the following applies:
- Both of the parents have passed away
- The minor child’s parents are unable to care for or are unfit to care for the minor child
If a sibling’s parents are still alive, they will have to sign a document stating that they no longer want custody of the minor sibling. There are also other issues that a court may use to deem a parent unfit, such as:
- Abandoning the child
- Neglect or abuse of the child
- Not providing for basic needs
- Exposing them to things that may be psychologically damaging or emotionally harmful
When a child’s parent maintains a lifestyle that is not considered to be in their best interests, a parent may also be considered unfit. The court will be more likely to make this determination if the parent’s harmful conduct is likely to continue into the foreseeable future.
If both of the child’s parents passed away and they did not have wills that provided who should care for their children, there may be other parties with legitimate interests in their custody. Types of individuals who might have an interest in custody of a child include:
- Family friends
- Siblings
- Uncles
- Aunts
- Grandparents
Third-party custody rights are usually only given in emergency situations. Due to these issues, it can be quite difficult for an older sibling to get custody of a sibling.
What Is the Process for Obtaining Custody of a Sibling?
As noted previously, a minor child’s sibling will have to show that having guardianship over their sibling is necessary and is in the best interests of their sibling. The sibling who is seeking custody will also have to determine if they will need to file a custody appeal.
A minor child’s older sibling may be able to ask their parents or the child’s legal guardian to voluntarily relinquish their custody rights. The sibling who is submitting the petition may be required to go to the courthouse where the younger sibling lives and file a request with a court in that jurisdiction to be appointed as their guardian.
There may also be other forms that the petitioning sibling has to complete. When an older sibling seeks custody of their younger sibling, they will have to determine if there is already a custody order in place.
If there is, the sibling will need to file their petition in the same court that issued the original custody order to ensure that there are not multiple contradicting orders for the same child. Every custody decision a court makes, including those in Connecticut, will have to be based on the child’s best interest standard.
If a sibling is claiming that their parents are unfit, they will have to show the court that they can take care of their sibling, which will include providing for their:
- Education
- Medical care
- Stable home life
- Housing
- Clothing
- Food
The court may require the sibling who is petitioning and their minor sibling to be interviewed by an investigator. That investigator may also go to the location where the siblings will reside.
The sibling who is seeking custody has to show that they are able to mentally, financially, and emotionally take care of their minor sibling. They must also show that the arrangement is in their younger sibling’s best interests.
If the minor sibling is mature enough to share their own preferences, the court can consider those. If there are also other children in the family, the sibling who submits a petition can argue that getting custody of a minor sibling can help preserve their family unit.
How Old Do You Have to Be to Take Custody of a Sibling in Connecticut?
The sibling who is petitioning for custody in Connecticut has to be an adult. In the state, that means they must be 18 years of age or older.
The sibling who they are seeking custody of must be a minor or younger than 18 years of age. If a sibling in Connecticut is petitioning for custody of a minor sibling in the state, having a legal consultation with a local attorney in Connecticut will give them the best chance at successfully obtaining custody.
Can a Sibling Be a Legal Guardian?
An older sibling may be the legal guardian of a minor sibling if the court gives them that right. There are certain situations where an older sibling can become a legal guardian, including:
- Incarceration of parents
- Both parents being incapacitated
- Other reasons that the child’s parents may not be fit to care for them
What Else Should Be Considered?
There are also other issues that may come up in custody cases of siblings that can make them more complicated than a regular custody case. This occurs, for example, if the siblings live in different states and the laws in those states differ.
Other issues may include if their minor sibling is disabled or owns a large amount of property. In some situations, the court may have the petitioning sibling notify other parties who may be interested, such as other family members, before custody is awarded.
Do I Need an Attorney for Sibling Custody Issues?
If you want to seek custody of your minor sibling in Connecticut, it is essential to consult with a Connecticut child custody lawyer. Your lawyer will be able to advise you regarding the laws that will apply to your situation, what challenges you may face, and how to present the best case in court.
Your lawyer will file your petition on your behalf with the proper court and present evidence that you are fit and able to care for your minor sibling. Legal issues can be overwhelming and intimidating, especially when your family is at stake.
Having a lawyer handle your case will make the custody process less stressful and more likely to be successful. LegalMatch is an excellent resource for finding licensed and prescreened lawyers in your area. You can submit your question for free on the website, and within around 24 hours, you will get responses from member lawyers who can begin helping you with your issue.
