Family laws in Mississippi provide that child custody rights include legal rights that parents and legal guardians have over their children. These rights include making decisions about their children’s:
- Religious practices
- Residence
- Education
- School
- Medical care
The people who have legal rights to make decisions about their children are usually their parents or another individual to whom a court has given custody rights. If the biological parents of a child have their names on the birth certificate and their parental rights have not been terminated, they are automatically given these custody rights.
It can be a complicated process for an older sibling to try and get custody of their younger sibling under the child custody laws in Mississippi. A court will not typically give custody rights to someone who is not a child’s parent.
Just because a child’s parent cannot care for them does not mean that another adult or older sibling automatically gets custody rights over them. If a child’s older sibling wants to get custody of their younger sibling, they will have to demonstrate to a court that one of the following is true:
The child’s parents are unable to care for or are unfit to care for their younger sibling
Both of their parents have passed away
If the child’s parents have not passed away, they will need to sign a document that states that they do not desire to have custody of the minor child anymore. Additionally, other issues may arise that may cause a court to deem a parent unfit, such as:
- Abandoning the child
- Not providing for the basic needs of the child
- Neglect or abuse of the child
- Exposure to things that can be psychologically damaging or emotionally harmful
If the parents of a child are maintaining a lifestyle that is not considered to be in the best interests of the child, they can also be deemed unfit. A court will be more likely to deem a parent unfit if their conduct will most likely continue into the foreseeable future.
If the child’s parents have both passed away without wills designating who would care for the child, there can be other individuals who have a legitimate interest in the child’s custody. Examples of possible parties who may be interested in the custody of a child may include:
- Uncles
- Aunts
- Family friends
- Siblings
- Grandparents
It can be difficult for an older sibling to get custody of a sibling because third-party custody rights are usually only awarded in emergency situations.
What Is the Process for Obtaining Custody of a Sibling?
In order to obtain custody of a sibling, the older sibling will have to demonstrate that having guardianship over their younger sibling is both necessary and in their best interests. The sibling who is trying to get custody may also have to find out if they will need to file a custody appeal.
An older sibling may need to ask the child’s parents or legal guardian to give up their custody rights voluntarily. The older sibling submitting the petition may also have to travel to the courthouse where their younger sibling lives and file a request with the court to be appointed as their guardian.
Also, there may be other forms that the sibling filing the petition has to complete. It is important for the older sibling to determine if there is already a custody order in place for their younger sibling.
If a custody order already exists, the older sibling should file their petition with the same court that issued that custody order so that there will not be multiple orders pertaining to the same minor child. Courts make all custody decisions, including those in Mississippi, based on the child’s best interest standard.
If the older sibling claims that their parents are unfit, they will be required to demonstrate to the court that they are able to care for their sibling, which can include being able to provide for their:
- Stable home life
- Housing
- Clothing
- Education
- Medical care
- Food
An investigator may be required by the court to interview the petitioning sibling and their younger sibling during the process. In addition, the investigator may visit the place where the siblings will be living.
The older sibling seeking custody must show that they are emotionally, financially, and mentally able to take care of their younger sibling. They also have to demonstrate that the arrangement will be in their younger sibling’s best interests.
If their younger sibling is old enough and mature enough to share their own preferences, the court may also consider those. If there are additional children in the family, the older sibling submitting the petition can argue that having custody of their younger sibling can help preserve their family unit.
How Old Do You Have to Be to Take Custody of a Sibling in Mississippi?
An older sibling petitioning for custody of a younger sibling in Mississippi must be an adult. In the State of Mississippi, this means they must be 21 years of age or older, which is older than most states.
The sibling whom they are seeking custody over must be a minor or younger than 21 years of age. When an older sibling in Mississippi desires to get custody of a minor sibling, they should schedule a legal consultation with a local attorney in Mississippi, which will give them the best chance at successfully getting custody.
Can a Sibling Be a Legal Guardian?
Yes, older siblings may be legal guardians or minor siblings when the court awards them that right. There are some specific situations in which older siblings can serve as legal guardians, such as:
- Both parents being incapacitated
- Incarceration of parents
- Other reasons that the parents may not be fit to care for their child
What Else Should Be Considered?
In addition to all of the issues discussed above, there are also other issues in sibling custody cases that may make them more complex than regular custody cases. For example, when siblings reside in different states, custody laws may be different.
Other considerations may include when the younger sibling owns a large amount of property or is disabled. In these types of situations, a court may require the sibling filing the petition to also notify other parties that may have an interest in custody, such as other family members before custody will be awarded to the sibling.
Do I Need an Attorney for Sibling Custody Issues?
If you believe you need to seek custody of your minor sibling in Mississippi, you should reach out to a local Mississippi child custody lawyer. Your lawyer can give you advice on the laws that will apply in your case, especially if your sibling lives in another state, the challenges you may face getting custody, and how they will present the best possible case on your behalf in court.
Allowing your attorney to handle your custody case will make the process much less stressful and give you a greater chance at success. LegalMatch can help you find a licensed and pre-screened custody lawyer near you who can help you at no charge. Just submit your question on the website, and you will get responses from member attorneys in around 24 hours who are ready to start working to help you get custody of your sibling.
