How to Get Custody of a Sibling in Indiana

Guardianship in Indiana is a legal relationship in which one person is appointed by a court to care for another person who is not legally competent to care for themselves. Courts in Indiana might order a guardianship for a variety of people. A person does not actually get custody of a sibling in Indiana. Child custody laws in Indiana would not apply to a situation in which an older sibling wants to provide care for a younger one in the absence of parents.

However, they may be appointed to serve as the guardian of their minor sibling in the appropriate circumstances.

In Indiana, a guardianship for minors is a legal relationship in which a person is appointed by the court to protect and make decisions for a minor who is under the age of 18. A legal guardian is obligated to supervise the minor’s physical, emotional, medical, and educational needs. They also must manage the minor’s assets until they reach adulthood.

A person who wants to be appointed as the legal guardian of their minor sibling would file a petition with the court. They would then have to go through a series of evaluations aimed at assessing their suitability to serve as a guardian. If the person passes muster, they then assume legal authority over the minor until the minor reaches adulthood or the guardianship is terminated by the court. This would be the equivalent of custody.

Courts may grant a guardianship for a minor child whose parents are both unfit to have child custody in Indiana or who have both passed away. Guardianships are also granted for adults with disabilities or people who are no longer able to manage their affairs because of illness. A local attorney in Indiana would be able to provide more information about guardianships.

Guardianship is the answer whenever a child’s biological parents are unable or unwilling to act as the child’s guardian. This is when some other adult must be appointed by a court to serve as the child’s legal guardian. For example, a minor child may need a guardian in any of the following situations:

• Both parents are deceased
• Parents are incapacitated, for example, by illness
• The child is abandoned by one (or both) parents
• One (or both) parents are unable to care for the child for any other reason, such as addiction or mental health issues.

An adult may be granted guardianship of a minor sibling. The guardian would be responsible for making decisions regarding the care and support of their sibling, who is referred to as a “ward” in legal terminology. They would make decisions regarding their sibling’s healthcare, living arrangements, education, and other important circumstances related to their well-being.

The process of establishing guardianship involves filing a petition with a court, providing evidence of the fact that their sibling is a minor, so needs a guardian, and demonstrating that appointing a guardian is in their best interest. A minor sibling would be eligible to become the ward of a guardian because they are not yet an adult.

In addition to these tasks, a guardian is required to use the ward’s money for the ward’s needs and not for themselves or anyone else. For these reasons, a person who wishes to become a guardian might want to have a legal consultation about what the role involves.

A legal conservator, also known as a “guardian of the estate,” may be appointed by the court to handle the financial affairs of a minor child. The child’s parents might be deceased, and the child receives a life insurance policy payout. If that is the case, a conservator must be appointed to manage those funds until the child turns 18. The court can appoint the same person as the guardian and the conservator or the court may appoint a separate conservator.

A guardian does have to allow their ward to have a voice to the extent possible in the decisions that affect them. The guardian is also required to make sure the ward has the opportunity to exercise the rights that they are competent to assert as would be natural in the parent-child relationship.

The guardian should protect the ward’s right to make appropriate choices for their age and circumstances. Of course, a guardian does not have to be perfect.

What Is the Process for Obtaining Guardianship of a Sibling?

A person who wants to be the guardian of a minor sibling must prove to the court that they are an adult and do not have a criminal record of convictions that would suggest they might pose a risk to the child. They would have to prove that they are both mentally and physically capable of fulfilling the responsibilities of a guardian.

The person would also have to submit a written application to the court and go through certain legal processes such as background checks and attending a court hearing.

A person would also have to show that they have a close relationship with the minor as their sibling. If the person is not a relative of the minor by blood or marriage, they must have lived with and cared for the child for at least six months before applying to be appointed as a guardian.

The person who applies to be the guardian of a minor sibling must be both mentally and physically capable of taking on the responsibility of caring for and making decisions on behalf of a minor child.

Should one or both parents still be alive and have legal custody of the child, they must consent to the guardianship unless they are shown to be unfit or have abandoned the child.

It is important to note that these requirements are not exhaustive, and there may be additional factors considered by the court when determining if someone is suitable to serve as a guardian for a minor in Indiana.

How Old Do You Have to Be to Take Custody of a Sibling in Indiana?

As noted above, a person must be at least 18 years old, but they must demonstrate other qualifications as well.

Can a Person Be a Legal Guardian of Their Sibling?

An adult sibling may be appointed as the legal guardian of their minor sibling if they are otherwise qualified, as noted above.

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 Indiana court has determined that it is in the child’s best interest to terminate the parental rights of a child’s biological parents. 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 Indiana 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 Indiana.

They might also prepare the legal petition to get the adult sibling appointed as guardian.

If there is no adult sibling to serve as guardian and no other person qualified and willing to serve as a guardian, a court may appoint a public guardian. This is a person or entity who has the necessary qualifications and is registered and approved by the county probate court to serve as a 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 by order of a court.

Do I Need an Attorney for Sibling Custody Issues?

If you want to become the legal guardian of your sibling who is under the age of 18, you want to consult an Indiana child custody lawyer. LegalMatch.com can quickly and easily connect you to a lawyer who understands the court procedures needed and can help you make your best case.