Under Maryland family law, as in other states, child custody includes the rights of legal guardians or parents to make decisions about their child, such as their:
- Medical care
- Education
- School
- Religious practices
- Residence
A child’s parent or other individual who has been awarded custody rights by a court are the ones who can make decisions about the child. So long as the biological parent’s rights have not been terminated, if their names are on the child’s birth certificate, they are automatically given these rights.
Obtaining custody of a minor sibling can be a complex and nuanced legal issue under child custody laws in Maryland. Courts do not typically award custody rights to individuals who are not a child’s parent.
It is essential to be aware that when a parent cannot care for their child, a child’s older sibling or other adult will not be automatically awarded custody rights over the child. When a sibling wishes to obtain custody of their younger sibling, they will need to prove one of the following:
- Their parents are not fit or capable of caring for the younger sibling
- Both of their parents are deceased
If the child’s parents are still alive, they will need to sign a document that states that they no longer want custody of their child. There are many examples of issues that can indicate that a parent is unfit, including:
- Abandoning the child
- Not providing for basic needs
- Neglect or abuse of the child
- Exposing the child to situations that may be psychologically damaging or emotionally harmful
If a parent has a lifestyle that is not considered to be in the best interests of the child, they may also be deemed unfit. In addition, a court is more likely to determine a parent is unfit if their current lifestyle and habits are likely to continue.
If both of the parents of a child have passed away without wills stating who should care for the child, there may be other parties who have a legitimate interest in the child’s custody. Examples of parties who can petition the court for custody include:
- Aunts
- Grandparents
- Siblings
- Uncles
- Family friends
Courts will typically only award third-party custody rights in emergency situations. Because of this practice, it may often be difficult for an older sibling to get custody of a sibling.
What Is the Process for Obtaining Custody of a Sibling?
As noted above, a child’s older sibling will be required to demonstrate that having guardianship over them is both necessary and in their best interests. They will also need to determine if a custody appeal will be necessary, which a lawyer can figure out for them.
Older siblings can ask that their parents or the child’s other legal guardian voluntarily give up custody rights over the child. The sibling who is trying to obtain custody may be required to go to the courthouse in the county where their younger sibling resides and file a request to be appointed as their sibling’s guardian.
There may also be other forms they are required to complete. Even though the employees at the courthouse can be very helpful, it is important that the siblings have assistance from their own lawyer when they are completing any legal forms.
The younger sibling who is seeking custody will need to determine if there is already a custody order in place for their younger sibling. If there is, they may have to petition the court that issued the order to make sure that multiple custody orders are not issued for the same child.
All child custody decisions, including those made in Maryland, will be based on the child’s best interest standard. If a sibling claims that their parents are unfit, they will be required to show the court that they can care for their younger sibling, which means providing for their:
- Food
- Housing
- Clothing
- Medical care
- Education
- A stable home life
Some courts may require an investigator conduct an interview of the older sibling who is petitioning and the younger sibling as well as going to the place where they are going to live. The older sibling may be able to demonstrate that they are financially, mentally, and emotionally capable of caring for their younger sibling and that it would be in their best interests. If this is the case, they may be awarded custody rights.
If the younger sibling is old enough to inform the court of their preferences, the court may consider them. If there are also other siblings in the family, the older sibling can argue that obtaining custody of their younger sibling can help them preserve the family unit.
How Old Do You Have to Be to Take Custody of a Sibling in Maryland?
In order for a sibling to get custody of their younger sibling in Maryland, they have to be over the age of majority in the state, which is 18. The younger sibling must still be a minor, or younger than 18.
When an older sibling in Maryland has questions about obtaining custody of their younger sibling in Maryland, they should schedule a legal consultation with a local attorney in Maryland. Their lawyer will be able to explain the laws that will apply to their situation and what they will be required to show to the court to get custody of their sibling.
Can a Sibling Be a Legal Guardian?
Older siblings can be legal guardians if they are given guardianship rights by a court. As noted previously, most courts presume that it is in the best interests of the child to reside with their parents, biological or adopted.
There are instances when an older sibling can be appointed as a legal guardian, including:
- Incarceration
- Both parents are incapacitated
- Other reasons that the parents may not be fit to care for the child
What Else Should Be Considered?
There are numerous other types of issues that can come up in sibling custody cases because they can be more complicated than other custody cases. If, for example, the siblings reside in different states, the laws in those states may be different.
If the younger sibling is disabled or owns a large amount of property, the case can be more complex. In these situations, the court may require the older sibling to give notification to other parties who may be interested in the custody situation, such as other relatives.
Do I Need an Attorney for Sibling Custody Issues?
If you think you should obtain custody of your younger sibling in Maryland, it is very important to consult with a Maryland child custody lawyer as soon as you can. Your lawyer can explain the laws that will apply in your custody petition and the reasons why it may be complex.
In addition, your lawyer will file the custody petition on your behalf and present your case to the court, showing why you are able and fit to care for your younger sibling. The legal system can be intimidating and overwhelming, but having a lawyer handle your case can make it much less stressful for you.
A great way to find an attorney near you who can help you get custody of your younger sibling is LegalMatch. All you have to do is submit your question on the website for free and you will get responses from member lawyers in your area in about 24 hours who are ready to get started on your case.
