In order to get custody of your sibling in Missouri, you must be familiar with child custody laws in Missouri. Child custody refers to the set of laws that grant certain parental and legal rights to a biological or adoptive parent in Missouri.
It is important to note that child custody laws in Missouri automatically grant child custody rights of a child to their biological mother upon the birth of the child. The rights are also automatically granted to married fathers of a child.
Child custody may also be obtained upon receiving custody of a child in a divorce or legal separation setting. For instance, if two parents were married and both had automatic rights to custody of a child later split, child custody laws will be used to determine the custody rights of each parent.
In the case of unmarried parents, a father may file a Declaration of Paternity with the Missouri Bureau of Vital Records. After that, the parents may initiate a custody lawsuit to determine their custody rights over their child or children.
A parent who has legal custody over their child in Missouri will have certain parental rights to make important legal decisions on behalf of that child. Examples of parental rights include, but are not limited to:
- The right to make educational decisions for the child, such as what type of school they go to and other educational choices
- 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 medical decisions for the child, such as whether or not the child should undergo invasive and noninvasive procedures
- The right to consent to the marriage of the child if underage
- The right to make decisions regarding the psychiatric treatment of the child
- The right to choose whom the child associates with
It is important to note that in Missouri, non-parents that are interested in obtaining custody must file a petition for guardianship of a minor. As such, a non-parent cannot obtain custody over a minor child but instead must seek a guardianship.
What Is the Process for Obtaining Custody of a Sibling?
In Missouri, a family court will consider certain factors when awarding custody of a child. As mentioned above, for siblings specifically, the Missouri law does not allow the sibling to obtain custody. Instead, they may seek to obtain guardianship over their minor sibling.
However, the considerations for custody are almost identical to the considerations for guardianship of a minor. In order to get custody of your sibling in Missouri, you’ll need to go through the legal process of becoming their guardian.
It is important to note that if the child’s parents or current guardians agree to the guardianship, they may sign a waiver and consent to your guardianship petition. This will allow you to skip certain steps in the guardianship process.
If the parents or their current guardians do not agree to your guardianship, then you must prove they are unfit or incapable of caring for your sibling. Examples of unfit parenting include abuse, neglect, or abandonment. In contested cases, you will likely attend court hearings, during which a judge will review your petition and any evidence you provide.
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 utilize the child’s best interest standard. The child’s best interest standard is a legal standard that all family courts adhere to 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, you will need to follow the proper procedures of filing for minor guardianship similar to a parent seeking custody.
How Old Do You Have to Be to Take Custody of a Sibling in Missouri?
In order to obtain legal guardianship of a sibling in Missouri, the older sibling seeking custody 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, under Missouri law, a sibling may be the legal guardian of a younger sibling. However, when it comes to being named legal guardian of a younger sibling, a family law court will typically only award an older sibling legal guardianship in certain circumstances.
One circumstance is if there are no parents alive or if there is evidence of child abuse. In these cases, the older sibling may be considered for legal guardianship over their minor sibling. There are also other situations where a sibling may be a legal guardian, such as the parents consenting to the guardianship application.
What Else Should Be Considered?
It is important to also consider the costs associated with obtaining legal guardianship of a sibling. When it comes to estimating the overall cost of a guardianship case, the following will affect the cost:
- Whether or not the guardianship is contested. If the guardianship is contested, the dispute will likely be more complicated and include taking depositions, filing temporary motions, and excessive court hearings. It 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 Missouri. Attorney fees will then vary based on the amount of time the attorney spends on the guardianship case, as well as their hourly fee
- 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
Additionally, unlike custody orders, guardianship orders must be annually renewed. This means that once a year, you’ll need to file an annual report with the court that handled your case. This is called an “Annual Report Form.” You’ll be ultimately responsible for filing the report in a timely manner.
Do I Need an Attorney for Sibling Custody Issues?
As can be seen, there are numerous factors that will be considered when determining whether or not a sibling should be granted guardianship over their minor sibling. As such, if you are seeking to be named the legal guardian of a sibling, it is in your best interests to consult with an experienced Missouri child custody lawyer.
LegalMatch can assist you in setting up a legal consultation with a custody lawyer in your area. An experienced child custody attorney will be able to help you understand Missouri’s specific laws on a sibling obtaining guardianship over a minor sibling.
Additionally, an attorney will also be able to help you gather the evidence necessary to prove that naming you as legal guardian is in the child’s best interests. An attorney will also be able to help guide you through the process of filing the petition for guardianship and doing all of the necessary background checks and guardianship courses. Finally, an attorney will also be able to represent you in court, as needed.
