Pursuant to Louisiana family law, child custody is the legal right for parents and legal guardians to make decisions about their children, which can include:
- School
- Religious practices
- Residence
- Medical care
- Education
The individuals who make decisions about children are their parents or other individuals who have obtained custody rights from a court. As long as a child’s biological parent has not had their rights terminated, so long as their names are included on the child’s birth certificate, they are automatically provided with these rights.
If an individual is looking to obtain custody of their minor sibling, it can be a nuanced and complex legal issue under child custody laws in Louisiana. In most situations, a court will not award custody rights to an individual who is not a child’s parent.
Individuals should be aware that if a parent cannot care for their own child, the child’s older sibling or another adult is not automatically given custody rights over the minor child. If a minor child’s sibling wants to get custody of a younger sibling, they will need to show at least one of the following is true:
- Both of their parents are deceased
- Their parents are not fit or capable of caring for the minor child
If the parents of a child are still living, they will have to sign a document stating that they do not want custody of the child. There are numerous issues that a court may consider showing that the parent is unfit, such as:
- Not providing for basic needs
- Neglect or abuse of the child
- Abandoning the child
- Exposing the minor sibling to situations that may be psychologically damaging or emotionally harmful
If a child’s parent has a lifestyle that is not considered to be in the best interests of the child, they can also be deemed an unfit parent. Additionally, courts will more likely deem a parent to be unfit if their current harmful habits and lifestyle will likely continue into the future.
If both parents have died without having wills that outline who should care for their child, there can be other parties who have legitimate interests in the custody of the child. Some examples of individuals who may be eligible to petition a court for custody include:
- Siblings
- Uncles
- Family friends
- Aunts
- Grandparents
Third-party custody rights are usually only awarded by courts in emergency situations. Due to this practice, it can be challenging for an older sibling to get custody of a sibling.
What Is the Process for Obtaining Custody of a Sibling?
As discussed previously, the child’s older sibling will need to show that having guardianship over their minor sibling is necessary and in their sibling’s best interests. The older sibling will also need to find out if they would need to file a custody appeal, which a lawyer can help them determine.
An older sibling can also request that their parents or other legal guardians of their sibling voluntarily give up the custody rights they have over the child. The sibling attempting to get custody may have to visit the courthouse in the county where their minor sibling lives and file a request asking to be appointed as the guardian of their sibling.
There can also be other required forms the sibling must complete. Although courthouse employees can be helpful, it is essential for the older sibling to have assistance from their own attorney, who can help them properly complete and file any necessary forms.
The older sibling who is seeking custody will have to find out if there is a custody order that already governs the custody of their younger sibling. If a custody order already exists, the older sibling may have to file a petition with the court that issued the existing custody order to ensure that there are not multiple custody orders for the same child.
Every custody decision, including those made in Louisiana, is based on the child’s best interest standard. If the older sibling claims that their parents are unfit, they will have to show the court that they are capable of caring for their minor sibling, including providing for their:
- Food
- Medical care
- Education
- Housing
- Clothing
- A stable home life
There are some courts that may have an investigator interview the petitioning older sibling and the younger sibling and go view the location where they will be living. If the older sibling can show the court that they are emotionally, mentally, and financially able to care for their minor sibling and it is in their best interests, the court may award them custody rights.
When the younger sibling is old enough to tell the court about their preferences, the court may consider those. If there are also other siblings in the family, the older sibling can inform the court that having custody of their minor sibling can help preserve their family unit.
How Old Do You Have to Be to Take Custody of a Sibling in Louisiana?
For an older sibling to obtain custody of a minor sibling in Louisiana, they must be over the age of majority in the state, or 18 years or older. The younger sibling has to be a minor, or younger than 18 years of age.
An older sibling in Louisiana might have questions or concerns regarding getting custody of their minor sibling in Louisiana. If this is the case, they should have a legal consultation with a local attorney in Louisiana. Their attorney can explain to the older sibling the laws that will apply in their case as well as what they will have to show a court to obtain custody of their minor sibling.
Can a Sibling Be a Legal Guardian?
An older sibling can be a legal guardian of a minor sibling if a court gives them guardianship rights. As discussed above, the majority of courts will assume that it is in the best interests of any child to live with their parents, whether biological or adopted.
There are circumstances in which an older sibling can also be a legal guardian, such as:
- Both parents are incapacitated
- Incarceration
- Other reasons that the parents may not be fit to care for the child
What Else Should Be Considered?
There are other issues that can also come up in a sibling custody case, as they can be more complex than other types of custody cases. This is common in cases where siblings live in different states, as the laws in those states might be different from one another.
If a minor sibling owns a large amount of property or is disabled, the custody case may be more complicated. In these types of cases, courts may require that the older sibling provide notice to other potentially interested individuals, such as relatives.
Do I Need an Attorney for Sibling Custody Issues?
If you believe it is necessary to get custody of your minor sibling in Louisiana, it is essential to reach out to a Louisiana child custody lawyer as soon as you can. Your attorney will be able to explain the laws that will apply to your custody request, why your case may be more difficult, and how to best present your case to the court.
Your attorney will also file your custody petition with the court on your behalf as well as present your case which shows how you are fit and able to care for your minor sibling. The legal system may be overwhelming and intimidating but having an attorney help you will make it less stressful for you to complete.
LegalMatch is an excellent resource for finding a custody lawyer in your area. Simply submit your issue on the website at no cost, and you will receive responses from lawyer matches in around 24 hours who are ready to start helping you.
