Under Florida family law, child custody is a parent or guardian’s right to make major decisions about a child, which may include decisions about:
- Where they will reside
- Where they will go to school
- What their religious practices will be
- What type of education they will have
- Medical care decisions
Decisions that are made about children are to be made by their parents or other individuals who have custody rights or who have been given custody rights by a court. So long as a parent’s rights are not terminated, the biological parent whose name is on a child’s birth certificate automatically has these rights.
Obtaining custody of a sibling may be a complex and nuanced area of child custody law. Courts will not usually award custody rights to someone other than the parent of a child.
If a parent cannot care for their child, another adult or older sibling will not automatically obtain custody rights over their younger sibling. If a child’s sibling wishes to obtain custody rights over them, they will need to demonstrate to a court that both parents are not fit or capable of caring for the child or that both parents are deceased.
If the parents are not deceased, they will be required to sign a document that states that they do not want custody of the child. Issues that may result in an individual being deemed an unfit parent include:
- Not providing basic necessities or needs for the child
- Abandoning the child or children
- Abuse or neglect of the child
- Exposing the child to psychologically damaging or emotionally harmful situations
Unfit parents can be individuals who lead lifestyles that are generally not considered to be in the best interests of the child. A court will be more likely to consider a parent to be unfit if their behavior or present situation is likely to continue unchanged into the future.
If both of the child’s parents are deceased and they did not have any type of will stating who would care for their child in their absence, an individual with a legitimate interest may petition the court for custody. Individuals who may be able to petition for custody of a child include:
- Aunts
- Uncles
- Grandparents
- Siblings
- Family friends
Typically, third party custody rights will only be awarded in emergency situations. Due to this issue, it can be difficult for someone to get custody of a sibling.
What Is the Process for Obtaining Custody of a Sibling?
As discussed above, it is important to demonstrate to a court that obtaining guardianship of a sibling is necessary and is in their best interests. In order to obtain custody of a sibling, the first step is to determine whether a custody appeal will be necessary.
This can be accomplished by asking the legal guardian or parents of the child to give up their legal custody of that child so the sibling can become their guardian. In certain situations, the child’s parents will be aware that the child would be better off with another individual and will be willing to provide their child with a better living situation.
In the majority of situations, the sibling seeking custody will have to go to the court or the court website in the county where their sibling lives. They will have to file a petition so they may be appointed as their guardian, in addition to filing any other forms that will be required.
Even though the employees who are working in the county clerk’s office may be helpful, it is better to have the assistance of an attorney when completing and filing any type of legal form. The sibling petitioning for custody needs to be aware of whether their sibling is involved in a different custody case and if there is already an order that governs the custody of their sibling.
If a court order is already in place, a sibling may have to petition the same court that provided the existing order to make sure that there are not inconsistent custody orders. Child custody issues in Florida, just like in other states, are based on the child’s best interest standard.
If a sibling claims that the parents are unfit, they will be required to demonstrate to a court that they are able to care for a sibling as well as provide for their:
- Education
- Clothing
- Food
- Housing
- Medical care
- A stable home life
Courts may require that an investigator conduct an interview of the petitioning sibling as well as their younger sibling and visit the place where they will be living. If a sibling can demonstrate that they are emotionally, financially, and mentally capable of caring for a sibling and that it would be in their best interests, they may be awarded custody.
Additionally, a court may consider the preference of a child regarding their custody if the child is old enough and is capable of expressing their preferences. If the family has more than one minor child, the adult sibling may also demonstrate that having custody would help preserve their family unit.
This will apply especially in cases where no other relatives are available to take in all of the siblings, and they would be separated.
How Old Do You Have to Be to Take Custody of a Sibling in Florida?
An individual has to be an adult to obtain custody of their sibling. The age of adulthood will vary by state.
The age of majority in Florida is 18. Adult siblings must be trying to get custody of a sibling who is under this age, meaning they are considered a minor.
If someone has any questions regarding getting custody of their sibling in Florida, they should schedule a legal consultation with a local attorney in Florida who can advise them of the specific laws that will apply to their case as well as what they will have to show to the court.
Can a Sibling Be a Legal Guardian?
Siblings can be legal guardians of other siblings if they meet the requirements noted above and the court awards them custody rights. Courts presume that it is in the child’s best interests to live with their biological parents.
Adult siblings can be legal guardians or obtain custody of their sibling in certain situations, including:
- Both parents are deceased
- Neglect
- Addiction
- Abuse
- Incarceration
- Both parents are incapacitated
- Other reasons that the parent or parents are unfit to raise the child
What Else Should Be Considered?
It is important to note that, in cases where one sibling resides in one state and the other sibling resides in another state, the laws governing child custody may be different in both states and complicate the case. Cases may also be complex if the child is disabled or owns a significant amount of property.
Child custody decisions in Florida may require siblings to give notice to other relatives of their petition. Issues may arise in these cases if the parents have passed away and there were custody rights granted to an individual in their will.
Do I Need an Attorney for Sibling Custody Issues?
If you believe you may need to get custody of your sibling in Florida, it is very important to have the help of a Florida child custody lawyer. As noted above, these types of cases can be very complicated and can vary depending on where the parties reside.
Your attorney will be able to explain exactly which laws will apply, assist you with filing your petition, and present a case to the court on your behalf, showing why having custody of your sibling is in their best interests. If you have a sibling who needs your help, having an attorney handle your case will give you the best chance.
