There are family laws in Nebraska, similar to other states, which provide that child custody rights are those legal rights that parents and legal guardians have over their child or children. These custody rights include the ability to make decisions regarding the child’s:
- Religious practices
- School
- Medical care
- Residence
- Education
Those who have the legal right to make decisions regarding their child are typically the parents or another individual to whom a court awarded custody rights. Parents are automatically given these rights when their name is on the child’s birth certificate and their parental rights have not been terminated.
It can be a complex process for an adult sibling to get custody of a minor sibling under the laws for child custody in Nebraska. Usually, a court will not award custody rights to an individual if they are not the child’s parent.
Simply because a parent is not able to care for their child does not mean that an older sibling or other adult will automatically obtain custody rights over that child. When the adult sibling desires to get custody of their minor sibling, they will be required to show a court that one of the following applies:
- Both parents have passed away
- Both of the minor child’s parents are unable to or are unfit to care for the child
When the parents of a child have not passed away, they will have to sign a document stating that they no longer want to have custody of the minor sibling. Additionally, there can be other factors that may cause a court to consider a parent unfit, including:
- Not fulfilling the basic needs of the child
- Abandoning the child
- Neglect or abuse of the child
- Exposing the minor child to things that can be psychologically damaging or emotionally harmful
When a child’s parents have a lifestyle that is not considered to be in the child’s best interests, the court can also deem them unfit. It is more likely for this to occur if the court believes their conduct will continue in a similar fashion into the foreseeable future.
If both of a child’s parents died without wills that provided who would care for the child, there may be other individuals with a legitimate interest in the custody of the child, such as:
- Siblings
- Grandparents
- Uncles
- Aunts
- Family friends
It can be a challenge for an adult sibling to get custody of a sibling because third-party custody rights are often only awarded in an emergency situation.
What Is the Process for Obtaining Custody of a Sibling?
In order to get custody of a minor sibling, an adult sibling must show that having guardianship would be in their sibling’s best interests and is necessary. The adult sibling should also determine if they need to file a custody appeal.
Additionally, the adult sibling may be required to ask their parents or the child’s legal guardian to voluntarily give up their custody rights. The adult sibling who is submitting the custody petition may have to do so at the courthouse in the location where their minor sibling resides, as well as file a request with the court to be appointed as their legal guardian.
Additional forms may be required when the adult sibling files the petition. It is essential for the adult sibling to determine if there is a custody order already in place for their minor sibling.
If there is a previous custody order already issued by a court, the adult sibling should file their custody petition in the same court to avoid having multiple orders governing the same child. All courts, including Nebraska courts, will make any child custody decisions based on the child’s best interest standard.
If the adult sibling is claiming that their parents are unfit, they will have to demonstrate to the court that they have the ability to care for their minor sibling, including providing for their minor sibling’s:
- Education
- Medical care
- Food
- Stable home life
- Housing
- Clothing
Some courts may require an investigator to interview the sibling who is filing the petition as well as the minor sibling. This investigator may also go to the location where they will be living.
The adult sibling will have to show that they can mentally, financially, and emotionally take care of their minor sibling. In addition, they will have to show that the custody arrangement would be in the best interests of their minor sibling.
If the minor sibling is mature enough and old enough to state their own preferences, the court can consider those as well. If there are also other siblings in the family, the adult sibling could argue to the court that having custody of their minor sibling will help them reserve the family unit.
How Old Do You Have to Be to Take Custody of a Sibling in Nebraska?
The sibling who is petitioning for custody of their younger sibling in Nebraska must be an adult. In Nebraska, the age of majority is 19, meaning adults are 19 and older in the state.
When an older sibling in Nebraska wants to get custody of their minor sibling, they should schedule a legal consultation with a local attorney in Nebraska. Having legal representation will provide them with the best chance at successfully getting custody of their sibling.
Can a Sibling Be a Legal Guardian?
Yes, a sibling may be a legal guardian of a minor sibling in situations where the court has awarded them that right. There are certain specific situations when older siblings may serve as legal guardians, including when:
- Both parents are incapacitated
- Both parents are incarcerated
- There are other reasons that the parents are not fit to care for the child
What Else Should Be Considered?
Along with all of the issues noted above, other potential issues in sibling child custody cases make them more complex. For example, if the siblings live in two different states, the custody laws of those states may not be the same.
Another issue that may arise is if the minor sibling is disabled or if they own a large amount of property. In these cases, the court may require the adult sibling to notify any other parties that may have an interest in the child’s custody, often by local publication.
Do I Need an Attorney for Sibling Custody Issues?
If you are an adult who is seeking custody of your minor sibling in Nebraska, it is very important for you to consult with a Nebraska child custody lawyer. Your lawyer will be able to advise you on the laws that apply in your specific situation, the possible challenges your case may have, and how to present the best possible case to the court.
Having your lawyer handle the custody case will make the process much less stressful and more likely to succeed. You can find a licensed and pre-screened attorney in your area using LegalMatch at no cost.
Just submit your custody concern on the website for free, and you will quickly get responses from member lawyers near you who are ready to help you get custody of your minor sibling. Having a lawyer in both is in your best interests and your sibling’s.
