In order to get custody of your sibling in Minnesota, you must understand the child custody laws in Minnesota. In Minnesota, child custody refers to the set of laws that grant certain legal rights to a biological or adoptive parent of a child.
It is important to note that child custody laws in Minnesota automatically grant child custody rights of a child to their biological mother upon the birth of a child. These custodial rights are also automatically granted to a child’s father if the mother and father were married at the time of the child’s birth.
A parent may also obtain child custody upon receiving custody of a child in a divorce or legal separation. For instance, if a child’s parents were married but later divorced or legally separated, child custody laws will be used to determine the custody rights of each parent.
In the case of unmarried parents, a father may establish their paternity through a Recognition of Parentage form. In most cases, both parents will fill out the form and then file it with the Office of Vital Records at the Minnesota Department of Health. Once the form has been approved, the biological father’s name will be added to the child’s birth record.
It is important to note that a parent who has legal custody over their child in Minnesota will have certain legal rights to make decisions on behalf of that child. Examples of legal rights a parent has when they have custody include:
- The right to make educational decisions for the child
- The right to make religious decisions regarding what religion to raise the child in
- The right to make legal decisions on behalf of the child, such as whether or not to enter into certain legal contracts on behalf of their child or the right to represent their child in a lawsuit
- The right to make invasive or noninvasive medical decisions for the child
- The right to consent to the marriage of the child if they are underage
- The right to make decisions regarding the psychiatric treatment of the child
- The right to choose whom the child associates with
When it comes to a sibling obtaining custody of their younger sibling in Minnesota, the sibling will actually need to go through the guardianship process. This means that you will need to download, fill out, and file a Petition for Guardianship over your minor sibling.
What Is the Process for Obtaining Custody of a Sibling?
In Minnesota, a court will consider certain factors when awarding custody of a child to a parent or guardianship to a non-parent. In the case of a sibling, Minnesota law does not allow for a sibling to obtain custody. Instead, the process for obtaining custody of a sibling is to seek guardianship over their minor sibling.
Importantly, the considerations for determining custody are almost identical to the considerations for determining whether or not to grant a guardianship of a minor. However, when it comes to being named as legal guardian for a minor sibling, the older sibling will need to typically have the approval of the parents. They must also be able to demonstrate why naming them guardians is in the child’s best interest.
The parents or their current guardians may not agree to an older sibling’s petition for guardianship. In that case, the older sibling must provide evidence that the parents are unfit or currently incapable of caring for their sibling.
Examples of unfit parenting include abuse, neglect, or abandonment. In a contested guardianship case, the older sibling will likely attend court hearings. During the guardianship hearing a judge will review the older sibling’s petition and any evidence they provide the court.
For instance, the older sibling may provide evidence that the child’s parent has been imprisoned and seek a temporary guardianship over their sibling. Another example is the older sibling seeking full permanent guardianship by providing evidence that the child’s biological parents are unavailable or that the children are being harmed.
It is crucial to note that when the court is making a decision as to whether or not to grant a guardianship to a minor, the court will always utilize the child’s best interest standard. The child’s best interest standard is a legal standard used by Minnesota courts when making decisions regarding children.
Under the child’s best interest standard, any decisions that will affect a child, such as a minor guardianship, should ultimately benefit and protect the child. As such, in order to get custody of a sibling, the older sibling will need to demonstrate why naming them as guardian is in the child’s best interest.
How Old Do You Have to Be to Take Custody of a Sibling in Minnesota?
In order to obtain legal guardianship of a sibling in Minnesota, the older sibling seeking guardianship must be at least 18 years of age or older. Further, the sibling that the older sibling is seeking to gain guardianship over must be under 18 years of age or otherwise legally dependent.
Can a Sibling Be a Legal Guardian?
Yes, in Minnesota, a sibling seeking to be appointed legal guardian of their younger sibling is allowed. However, when it comes to being named legal guardian of a younger sibling, a court will typically only award an older sibling legal guardianship in certain circumstances.
As mentioned above, circumstances include situations such as there being no parents alive or evidence of child abuse. In such cases, the older sibling may be considered by the court as being named legal guardianship over their minor sibling. There are also numerous other situations where a sibling may be appointed legal guardian.
What Else Should Be Considered?
One important factor to consider is that there are costs involved with obtaining legal guardianship of a sibling. First, there are filing fees that must be paid in order to initiate the guardianship. The current filing fee to begin a guardianship matter is $187. This must be paid along with serving the child’s parents with the petition if they are available.
When it comes to estimating other costs of a guardianship case, the following may all affect the cost of the guardianship case:
- Whether or not the guardianship is contested
- If a guardianship is contested, the dispute will likely be more complicated and include taking depositions, filing temporary motions, and excessive court hearings
- Costs may also include the hiring of expert witnesses, such as child psychologists and other experts
- When it comes to guardianship cases, it is often advised to seek representation from a local attorney in Minnesota
- An attorney fees will then vary based on the amount of time the attorney spends on the guardianship case
- There are also miscellaneous fees that add up quickly in guardianship cases, including paying process servers, paying court costs, undergoing a background check, taking a guardianship course, and paying for certified copies of documents
Further, unlike custody orders, a guardianship must be renewed annually. This means that once a year, the older sibling that was named as guardian will need to file an annual report with the court that handled the case. These renewals must be filed in a timely manner, or else the guardianship may lapse.
Do I Need an Attorney for Sibling Custody Issues?
If you are seeking to be named the legal guardian of a sibling, and you have any questions regarding the process, then it is in your best interests to consult with an experienced Minnesota child custody lawyer.
LegalMatch can assist you in setting up an initial legal consultation with a custody lawyer in your area. An experienced child custody attorney will be able to help you understand Minnesota’s specific laws on obtaining guardianship over your minor sibling.
Additionally, an attorney will also be able to help you gather the evidence necessary to prove that naming you as your sibling’s legal guardian is in their best interests. Further, they will be able to help guide you through the process of filing the petition for guardianship, serving all interested parties, and doing all of the necessary background checks, etc. Finally, an attorney will also be able to represent you in court, as needed.
