How to Get Custody of a Sibling in New Jersey

In New Jersey, a person may be appointed as the kinship legal guardian (KLG) of a minor sibling for whom they wish to provide care. A court may appoint a relative, such as an adult sibling, or the close family friend of a minor child to be a kinship legal guardian. The kinship legal guardian then becomes responsible for raising the child. This is done when the biological parents are unable to raise the child.

Per the law of child custody in New Jersey, an adult sibling does not actually get custody of a sibling. However, they may be appointed to serve as the kinship legal guardian of their minor sibling in the appropriate circumstances. Adoption is another possibility under certain circumstances, as explained below.

A legal consultation would help a person understand what type of legal relationship they may be able to establish with their minor sibling and the pros and cons of each option.

In New Jersey, a court’s appointment of a KLG does not terminate the parents’ rights. Parents may still visit the child, who is referred to as a “ward” in legal terminology. The parents continue to be responsible for supporting the child financially. A person who wants to be appointed as a KLG must have cared for the child for at least a year before they would be eligible to become a KLG.

Another alternative is adoption. If an adult sibling were to adopt a minor sibling, the legal status of the parents would be terminated in full on a permanent basis. The adoptive parents assume full legal authority as parents of the child. A local attorney in New Jersey would be able to provide more information about adoption in New Jersey.

If a person becomes the adoptive parent of a minor sibling, the child no longer has the right to receive any benefits, inheritance, or assets from the parents. The parents are not legally obligated to pay child support to the adoptive parent.

Additionally, the parents would have to get the consent of the adoptive parent or parents to visit the child. Unlike KLG, adoptive parents have complete legal status as parents of the child they adopt, which is not for a kinship legal guardian. The rights of an adoptive parent continue beyond the time when the child reaches the age of 18 and becomes an adult. Adoptive parents have the legal right to change the child’s name.

What Is the Process for Obtaining Guardianship of a Sibling?

A person who wants to be appointed a kinship legal guardian to a younger sibling who is already in their care would have to apply through the New Jersey Department of Children and Families’ Kinship Navigator program.

As noted above, to qualify as a kinship legal guardian, an older sibling must have been caring for a child for at least 1 year and must agree to assume responsibility for the child until the child reaches the age of 18 or 21 if the child is disabled.

In a situation in which someone has alleged that there has been child abuse or neglect and the New Jersey Division of Child Protection and Permanency is involved (CP&P), CP&P may file the application for appointment of a KLG for the caregiver. If a caregiver wants to be a kinship legal guardian to more than 1 child, a separate application must be filed for each child unless they are all part of the same abuse and neglect case.

How Old Do You Have to Be a Guardian for a Minor Sibling in New Jersey?

If a court has determined that the biological parent cannot raise their child and that the child should remain in the care of a family member, it then considers whether adoption would solve the problem.

If the court finds that adoption is not realistic or likely, it then considers whether KLG is possible. If they decide to pursue the appointment of a KLG, they will look at the adult sibling to determine if they are eligible to serve as a guardian. If the court determines that the adult sibling is eligible, they then assess whether they have made a commitment to raise the child and have the ability to do so until the child reaches the age of 18.

If the adult sibling fulfills the requirements of a KLG, then the court would assess whether appointment of the adult sibling would serve the best interests of the child. The court would apply the best interests of the child standard using a number of factors. If the court determines that appointment of the adult sibling would serve the best interests of the child, then the court would appoint them as the KLG of the minor.

Can a Sibling Be a Legal Guardian?

As long as the sibling is an adult and meets the other requirements for appointment as a KLG, they may be appointed by a court for that role.

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 New Jersey 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 in their will to take over the job of rearing their child in the event of the parents’ deaths or incapacity.

In some cases, it is possible that an adult sibling of a minor child would be the person who petitions a family law court to terminate the parent’s rights. A New Jersey family law attorney would be able to help an adult sibling collect evidence to support termination of parental rights and show that it is in the child’s best interests. They might also prepare a legal petition to get the adult sibling appointed as guardian.

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. As noted above, adoption is a way to establish a permanent parent-child relationship.

Do I Need an Attorney for Sibling Custody Issues?

If you want to become the guardian of your minor sibling, you want to consult a New Jersey child custody lawyer. LegalMatch.com can quickly and easily put you in touch with a lawyer who understands the court procedures that would be required and can help you make your best case.