Under Kentucky family laws, child custody is the legal rights that parents and legal guardians have about their children, including:
- School
- Residence
- Medical care
- Religious practices
- Education
Those who have the legal right to make decisions about children are the children’s parents or other parties who have been awarded custody rights from a court. If the biological parents of a child have not had their rights terminated and their names are on the child’s birth certificate, they will automatically be provided with these rights.
If someone is seeking custody of their minor sibling, it can be a nuanced and complicated legal process under the child custody laws in Kentucky. It is not common for a court to award custody rights to anyone who is not a child’s parent.
It is important to be aware that, if parents are unable to care for their own children, the children’s older siblings or other adults will not be provided custody rights over them automatically. When an older sibling wants to get custody of their younger sibling, they will have to demonstrate to a court that at least one of the following circumstances exist:
- Both of the parents have passed away
- The parents are not capable of caring for or fit to care for the minor child
If the child’s parents have not passed away, they will need to sign a document providing that they do not desire to have custody of their child. There are also several issues that may cause a court to deem a parent unfit, including:
- Abandoning the child
- Not providing for basic needs
- Neglect or abuse of the child
- Exposing the minor sibling to situations that may be psychologically damaging or emotionally harmful
If a parent of a child has a lifestyle that is not considered to be in the best interests of the child, the parents may also be deemed unfit. A court will also be more likely to consider a parent unfit if they have current harmful habits or a harmful lifestyle that will most likely continue into the future.
If a child’s parents both passed away without wills stating who would care for their children, other individuals may have a legitimate interest in the custody of the children. Examples of people who may have an interest in petitioning a court for custody may include:
- Family friends
- Aunts
- Grandparents
- Siblings
- Uncles
Courts usually only award third-party custody rights to individuals in situations that are considered emergencies. Because of this issue, it can be challenging for older siblings to get custody of a sibling.
What Is the Process for Obtaining Custody of a Sibling?
As discussed above, a child’s sibling will need to demonstrate that having guardianship over a minor sibling is both in the sibling’s best interests and is necessary. The sibling seeking custody will also need to determine if filing a custody appeal is necessary.
Older siblings may also ask their parents or the legal guardian of their sibling to give up their custody rights over the child voluntarily. The petitioning sibling may have to travel to the courthouse in the county where their younger sibling resides and file a request with the court to be appointed as the guardian of their sibling.
Other forms may also be required to complete their petition. An older sibling seeking custody of a younger sibling will need to determine if a custody order exists already.
If their sibling already has a custody order, the petitioning sibling will need to file a petition with the court that issued the original custody order to make sure that one child does not have multiple contradictory custody orders.
All custody determinations that courts make, including those made in Kentucky, are based on the child’s best interest standard. If an older sibling claims that their parents are unified, they will need to demonstrate to the court that they will be capable of caring for their sibling, which means providing for their:
- Education
- Housing
- Clothing
- Food
- Medical care
- A stable home life
It is also possible that a court will have an investigator interview the sibling who is petitioning as well as their younger sibling. The investigator may also view the location where the siblings will be living.
The petitioning sibling might be able to demonstrate that they can financially, mentally, and emotionally care for their minor sibling and that the arraignment will be in their younger sibling’s best interests. In this case, the court may award them custody rights.
If the young sibling is old enough and mature enough to share their preferences, the court may consider them. If other siblings are also present in the family, the petitioning sibling can argue to the court that having custody of their minor sibling may help preserve the family unit.
How Old Do You Have to Be to Take Custody of a Sibling in Kentucky?
In Kentucky, the petitioning sibling must be an adult, 18 years of age. The sibling they are petitioning for custody of must be a minor or younger than 18.
When a sibling is petitioning for custody of their younger sibling in Kentucky, having a legal consultation with a local attorney in Kentucky will give them the best chance at success. Their lawyer can explain to the petitioning sibling the laws that will apply in their situation as well as what they will have to demonstrate to the court to obtain custody of their minor sibling.
Can a Sibling Be a Legal Guardian?
Older siblings may become legal guardians of minor siblings when a court awards them guardianship rights. Situations in which older siblings may become legal guardians include:
- Both parents being incapacitated
- Incarceration of parents
- Other reasons that the parents may not be fit to care for the child
What Else Should Be Considered?
Issues can arise in sibling custody cases that make them more complicated than regular custody cases. This can arise when the siblings reside in different states because the laws may be different in the two states.
Another issue that may arise is if the minor sibling is disabled. In these situations, in Kentucky, the petitioning sibling must be 21 years of age or older.
Do I Need an Attorney for Sibling Custody Issues?
If you think you need to get custody of your minor sibling in Kentucky, it is very important to reach out to a Kentucky child custody lawyer. Your custody lawyer can advise you about the laws that will apply in your case, the difficulties you may face with your petition, and how to best present your arguments to a court.
Your lawyer will file your sibling custody petition with the proper court on your behalf and present your case showing that you are able and fit to care for your minor sibling. The legal process can be intimidating and overwhelming, especially for younger individuals.
However, having a lawyer on your side will make the process much less stressful and more likely to succeed. You can find a great custody lawyer on LegalMatch for free in just a few minutes. Simply submit your issue on the website, and you will receive responses from member lawyer matches in around 24 hours who are ready to start helping with our custody case.
