How to Get Custody of a Sibling in Michigan

Guardianship in Michigan refers to a legal relationship in which a court appoints a person to care for another person who is not legally competent to care for themselves. Courts in Michigan might order a guardianship for a variety of people, including a minor child in certain circumstances.

A person does not actually get custody of a sibling in Michigan. However, they may be appointed to serve as the guardian of their minor sibling in the appropriate circumstances. The minor sibling would be referred to as the “ward” of the guardian in legal terminology.

A guardian of this kind is responsible for the care and supervision of a minor. They would have to provide education, appropriate health care, and protection of the minor’s finances and property. Actually, child custody laws do not provide the answer for an adult sibling who has an interest in caring for their minor sibling. A local attorney in Michigan would be able to provide more information.

In Michigan, the guardian of a minor must file an annual written report with the probate court on the general condition of the minor. The guardian would report whether the minor received any medical or psychiatric treatment. In addition, the guardian may have to report on the status of the minor’s estate, i.e., their assets and finances.

Any person who is interested in the well-being of a minor can petition a Michigan probate court to be named as the guardian of the minor. This would include an adult sibling. The court may appoint a guardian for an unmarried minor in a variety of situations.

A guardian may be appointed if the parental rights of the minor’s parents are terminated by a court or if the parents pass away or are deemed to be mentally incompetent by a court. Or, a minor child’s biological parents may not have been married to each other, and the parent who has custody of the minor may pass away or otherwise disappear. If the other parent has not been given legal custody by a court order, a guardianship may be established for the minor.

Conservators may be appointed for minors in situations where the child has money or property that needs to be managed or protected. The minor may also need significant funds for their support and education and some kind of protection to provide those funds.

One person might be appointed to serve as both the guardian and conservator of a minor ward. Like guardians, conservators have legal responsibilities that must be fulfilled. One of these is the filing of a complete inventory of the ward’s assets soon after they are appointed as the conservator. They must also file accounting every year for the property for which they are responsible.

What Is the Process for Obtaining a Guardianship of a Sibling?

To become a guardian for a minor sibling in Michigan, a person has to be interested in the welfare of the minor in question. A petition for appointment of a guardian may also be filed by the minor if they are 14 years or older.

The petition would be the subject of the court hearing. If the court finds that the person seeking appointment as the guardian of their younger sibling is qualified, other legalities are as required, and the minor’s welfare would be served by the appointment of the guardian, the court appoints the petitioner as the guardian. In other cases, the court may dismiss the petition or make some other disposition of the issue that is appropriate and serves the best interests of the ward.

Often, once a petition has been filed a guardian ad litem (GAL) is appointed to investigate and determine if a guardian for the minor child in question is required. A court is likely to appoint a guardian if one of the following is the case:

• Both parents’ parental rights have been terminated by a court order
• The parents are deceased
• The parents have been deemed incapacitated
• Both parents have disappeared
• A parent of the minor is currently imprisoned
• The biological parent or parents allow the minor child to live with the adult sibling, but the adult sibling does not have the legal authority to make medical decisions, enroll the child in school, or deal with other situations that require them to have legal authority to act on behalf of the child.

In the last situation, the adult sibling must file a petition for guardianship in order to acquire the legal authority they need to make all of the decisions that align with the child’s best interest standard. To succeed with the petition in this instance, the minor child must live with the adult sibling, and the biological parent or parents must give their consent to the arrangement.

How Old Do You Have to Be to Serve as the Guardian of a Sibling in Michigan?

A person must be at least 18 years of age to serve as a guardian.

Can a Sibling Be a Legal Guardian?

As long as the sibling is an adult and is otherwise qualified to be a guardian, they may serve as a guardian.

What Else Should Be Considered?

As noted above, a child who has been orphaned may need a guardian. Also, guardianship might be appropriate if a Michigan 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 of the child in their will to take over the job of rearing their child in the event of the parents’ deaths or incapacity.

If the ward is under 6 years old, the guardianship is reviewed by the court every year. Michigan law requires the guardian to file an annual report with the court until the child turns 18. When the review has been completed, the court would either continue the guardianship or schedule and conduct a hearing on the status of the guardianship.

As noted above, on some occasions, the minor ward may have inherited money or received a payout from a life insurance policy from their deceased parents. Of course, a minor child does not have the maturity to manage their money or other assets, so the court may appoint a conservator.

The conservator’s role would be to protect and safeguard the financial affairs of the minor ward until they turn 18. A legal consultation would be a good idea if a minor has inherited money or property.

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 the order of a court.

Do I Need an Attorney for Sibling Guardianship Issues?

If you have a minor sibling whose parents are not available to provide the care and supervision they need, you want to talk to a Michigan child custody lawyer. LegalMatch.com can put you in touch with a lawyer who can advise a person on how to establish a custody and a conservatorship if that is also necessary.