In Hawaii, as in other states, there are family laws that define child custody rights as legal rights that legal guardians and parents have over their child. Custody rights can include the right to make decisions about a child’s:
- Residence
- Religious practices
- Medical care
- School
- Education
The individual who typically has the legal right to make decisions about a child is usually their parent or another individual who has been awarded custody rights by a court. A parent will automatically be given these rights if their name is listed on their child’s birth certificate and their parental rights were not terminated.
It can be complicated for an adult sibling to obtain custody of their minor sibling under the laws governing child custody in Hawaii. A court is not likely to award custody rights to individuals who are a child’s parents, but it is done in certain situations.
A situation where a parent cannot care for their child does not automatically mean that an older sibling or another adult will obtain custody rights over that child. If an adult sibling wants to get custody of a minor sibling, they will have to show the court that either their parents are both deceased or they are unfit or not able to care for their sibling.
If the child’s parents are not deceased, they will need to sign a document that states that neither of them wants to have custody of the child anymore. In addition, there can be other factors that cause the court to deem the parents unfit, such as:
- Neglect or abuse of the child
- Abandoning the child
- Not fulfilling the basic needs of the child
- Exposing the minor sibling to situations that can potentially be psychologically harmful or emotionally damaging
If the parents of a child have a lifestyle that is not in the child’s best interests, such as ongoing drug use, the court may deem them unfit. This will happen in situations where the court thinks the parents’ conduct will continue in the same manner for the foreseeable future.
If the child’s parents passed away and they do not have wills stating who will be responsible for caring for the child, there can be other people who have an interest in the child’s custody, for example:
- Siblings
- Grandparents
- Family friends
- Uncles
- Aunts
It can be hard for an adult sibling to get custody of a sibling because third-party custody rights are only usually awarded in an emergency situation. However, it is important for an older sibling not to be discouraged by this, as their lawyer can help demonstrate to the court how the arrangement can be beneficial.
What Is the Process for Obtaining Custody of a Sibling?
To obtain custody of a sibling, an adult sibling has to demonstrate that having guardianship over the sibling would be necessary and in their best interests. The adult sibling may also have to ask the child’s legal guardian or parents to give up their custody rights voluntarily.
In addition, the adult sibling will have to find out if they should file a custody appeal. This will require them to submit their petition at a courthouse where their sibling lives.
The sibling may also have to file a request with that court to be appointed their sibling’s legal guardian. There are also other forms that may have to be completed along with the petition.
The sibling hoping to get custody will have to determine if there is already a custody order in place for their sibling. If there is, they should file a custody petition in the same court in order to avoid having multiple orders governing the same person.
Every court handling an issue involving children, including Hawaiian courts, will make child custody decisions based on the child’s best interest standard. If the sibling claims their parents are unfit, they will have to show the court that they can care for their sibling, which includes providing for their sibling’s:
- Housing
- Clothing
- Education
- Medical care
- Food
- Stable home life
In some situations, the court may have an investigator interview the adult sibling filing the petition and their minor sibling. That investigator may also visit the place where the siblings will live.
The adult sibling will need to show the court that the custody arrangement will be in the best interests of their younger sibling. When the minor sibling is old and mature enough to share their own preferences, the court may also consider those preferences.
If the family also has other children, the petitioning sibling may be able to argue to the court that obtaining custody of their younger sibling can help them preserve their family unit.
How Old Do You Have to Be to Take Custody of a Sibling in Hawaii?
If a sibling is petitioning for custody of a minor sibling in Hawaii, they have to be an adult. The age of majority in Hawaii is 18, which means that an adult is 18 years or older in the state.
If an adult sibling in Hawaii desires custody of their younger sibling, they should have a legal consultation with a local attorney in Hawaii. Having a lawyer handle the custody case will give them the best chance of getting custody of their younger sibling.
Can a Sibling Be a Legal Guardian?
Yes, siblings are able to become legal guardians of minor siblings when courts award them that right. There are some specific times when an older sibling can serve as a legal guardian, such as when both of their parents are incapacitated or incarcerated or if there are other reasons the parents cannot care for the child.
What Else Should Be Considered?
In addition to the issues discussed previously, there are others in sibling child custody cases that can make the cases more complicated. For example, in some situations, the siblings will live in different states, and the laws in those states may be different.
In cases where the minor sibling is disabled or owns a large amount of assets, there may be additional requirements on the petitioning sibling. They may have to publish notification so that other parties who may be interested in custody of the child have an opportunity to be heard.
Do I Need an Attorney for Sibling Custody Issues?
If you are seeking custody of your younger sibling in the State of Hawaii, it is essential to reach out to a Hawaii child custody lawyer for help and advice. Your attorney can explain what laws will apply in your situation, the challenges your case may have, and how you can present the most successful case in court.
When your lawyer handles your custody case, the process will be less stressful and your chances of success will likely increase. LegalMatch is a free and convenient way to find a pre-screened and licensed lawyer near you who is ready to help.
All you need to do is submit your custody issue for free on the LegalMatch website, and you will get messages from any member attorneys near you who can start working on your custody case. Having an attorney help you get custody of your younger sibling is in your sibling’s best interests as well as yours.
