There are family laws defining child custody rights in the State of Maine as those legal rights that parents and legal guardians have over the child. Custody rights may include a parent’s decision about their child’s:
- Residence
- Medical care
- School
- Education
- Religious practices
The party who usually has a legal right to make decisions about their child is most often a parent or individual who was awarded custody rights. Parents are automatically awarded these rights when their name is on the child’s birth certificate, and their parental rights have not been terminated.
It may be a complex process for a sibling to get custody of another sibling under the laws that govern child custody in Maine. Courts will not likely give custody rights to people who are not the parents of the child, but it is done in some circumstances.
If a child’s parents are not able to care for their child, it does not mean that another sibling will get custody rights over the child. When an adult sibling hopes to get custody of a minor sibling, they will need to demonstrate to a court that their parents are not fit to care for the child or they have both passed away.
When the parents are not dead, they will have to sign a document stating that neither parent desires to have custody of the child. There may also be other factors that cause a court to decide that a parent is unfit, including:
- Not fulfilling the basic needs of the child
- Neglect or abuse of the child
- Abandoning the child
- Putting the child in situations that can potentially be psychologically harmful or emotionally damaging
If a child’s parents lead lifestyles that are not in the best interests of the child, for example, ongoing drug use, the court may determine they are unfit. This can happen in situations where a court believes that the negative conduct of the parents will continue in the same manner into the foreseeable future.
When both of a child’s parents are deceased and they did not have a will that provided who would be responsible for the child’s care, there may be other individuals who are interested in the custody of the child, such as:
- Siblings
- Family friends
- Uncles
- Aunts
- Grandparents
It may be very difficult for the adult sibling to get custody of a sibling because third-party custody rights, in most situations, are only awarded in emergency situations. It is important for older siblings not to be discouraged by this because their attorney can help them show the court how the arrangement can benefit their sibling.
What Is the Process for Obtaining Custody of a Sibling?
In order to get custody of their younger sibling, the older sibling has to show a court that having guardianship over that sibling would be in their best interests and is necessary. The older sibling may also need to request that the child’s parents or legal guardians voluntarily give up their custody rights.
Additionally, the older sibling will need to know whether they have to file a custody appeal. If they do, it will need to be done at the courthouse in the jurisdiction where their sibling resides.
They may also have to request that a court appoint them as their sibling’s legal guardian. The sibling may also need to complete other forms along with their petition.
The sibling who is trying to get custody will need to know if there is already a custody order that involves their sibling. If so, they need to file their custody petition in the same court as the existing order so they can avoid having multiple custody orders governing the same child.
Every court that handles an issue that involves a child, including Maine courts, will make decisions based on the child’s best interest standard. If the older sibling claims that their parents are not fit to raise their sibling, they will need to demonstrate to the court that they can provide for their sibling’s:
- Housing
- Education
- Medical care
- Food
- Clothing
The court may require that an investigator be allowed to interview the petitioning sibling as well as their minor sibling. The individual conducting the investigation may also visit the location where they will live.
The older sibling will have to show the court that the arrangement will be in the best interests of their sibling. If the sibling is mature and old enough to express their preferences, the court can consider those when making its decision.
If there are also other siblings in the family, the sibling who is filing the petition can argue that getting custody of their younger sibling may be helpful in preserving the family unit.
How Old Do You Have to Be to Take Custody of a Sibling in Maine?
To get custody of a sibling in Maine, an individual must be an adult. This means that they must be 18 years of age or older.
If an older sibling in Maine wants to get custody of their younger sibling, they should schedule a legal consultation with a local attorney in Maine. When an attorney handles a custody issue, it gives the petitioner the best chance of obtaining custody of their younger sibling.
Can a Sibling Be a Legal Guardian?
A sibling may become a legal guardian of their minor sibling if the court gives them that right. There are certain specific situations in which older siblings may be legal guardians, for example, when both parents are incarcerated, incapacitated, or there are other reasons why the parents are not able to care for their child.
What Else Should Be Considered?
There are also other issues, in addition to those discussed above, that may have an effect on a child custody case and make it more complex. For example, in certain cases, siblings may reside in different states with different custody issues laws.
When the younger sibling owns a large amount of property or assets or is disabled, there can be additional requirements the petitioning sibling has to fulfill. The sibling who is petitioning for custody may have to provide notification to other parties who may have an interest in the custody of the child. This is commonly done by publication in a local newspaper.
Do I Need an Attorney for Sibling Custody Issues?
If you believe you need to obtain custody of your younger sibling in the State of Maine, it is very important to consult with a Maine child custody lawyer for advice. Your lawyer will be able to tell you which laws will apply in your case, the challenges you may face in obtaining custody, and how you can present the best possible case in court.
If an attorney handles your custody petition, the process will be much less stressful, and your chances of success will be higher. LegalMatch is an excellent place to find a lawyer who can help you at no cost and in just a few minutes.
Simply submit your custody concern on the website at no cost, and you will get responses from a pre-screened and licensed lawyer near you who is ready to help. Having a lawyer help you obtain custody of your sibling is in your best interest as well as your sibling’s.
