Under New York family law and child custody laws for unmarried parents, child custody includes a legal guardian or parent’s right to make decisions regarding a child, such as:
- Their religious practices
- The type of education they will have
- Where they reside
- Where they go to school
- Medical care
Parents or other individuals who have been awarded custody rights by a court are the individuals who make decisions regarding their children. As long as their rights have not been terminated, biological parents whose names appear on a child’s birth certificate have these rights automatically.
Getting custody of a sibling can be a complicated and nuanced part of child custody law. A court will not typically award custody rights to an individual other than the child’s parents.
If a parent is not able to care for their child, another adult individual or an older sibling does not automatically obtain custody rights over the younger sibling. If the sibling wants to get custody rights over their younger sibling, they will have to show the court that both of their parents are not capable or fit to care for their sibling or that both of their parents have passed away.
If the child’s parents have not passed away, they will have to sign a document stating that they no longer want custody of the child. Things that may cause a parent to be deemed unfit include, but may not be limited to:
- Not providing for the basic needs of the child
- Abandoning the child
- Neglect or abuse of the child
- Exposing the child to psychologically damaging or emotionally harmful situations
An unfit parent may be an individual who has a lifestyle that is not generally considered to be in the best interests of their child. Additionally, courts are more likely to consider a parent to be a unified parent if their present situation and conduct are not likely to change in the future.
If both of a child’s parents have passed away without a will stating who should care for the child when they are gone, an individual who has a legitimate interest may petition a court for custody of the child. Examples of individuals who may petition for child custody include, but may not be limited to:
- Grandparents
- Siblings
- Aunts
- Uncles
- Family friends
Third party custody rights are usually only awarded in emergency situations. Because of these factors, it may be difficult for someone to get custody of a sibling.
What Is the Process for Obtaining Custody of a Sibling?
As noted above, it will be important for a sibling to demonstrate to the court that having guardianship of their younger sibling is necessary and is also in their best interests. In order to obtain custody of a younger sibling, an individual should find out whether a custody appeal is necessary.
This can be done by requesting that the parents or legal guardians of the child give up their custody rights so that the older sibling may become their guardian. In some situations, the parents or guardians may be in a better situation with another individual who can better provide for them.
In most situations, the sibling who is seeking custody will be required to go to the courthouse or court website in the county where the sibling resides. A petition may have to be filed to request they be appointed as a guardian, as well as filing any other forms that may be required.
Although the individuals who are employed at the county clerk’s office can be very helpful, it is always better to have a lawyer’s assistance when they are completing and filing any type of legal form. A sibling who is petitioning for custody will also need to be aware of whether their sibling is involved in a different custody case or if there is a court order already in place governing the custody of their sibling.
If a court order already exists, the sibling may be required to petition the same court from which the existing order came to make sure that inconsistent custody orders are not provided. Child custody decisions in New York, just as in other states, are based on the child’s best interest standard.
If the older sibling makes a claim that their parents are unfit, they will have to show the court that they will be able to care for their sibling and provide for their sibling’s:
- Food
- Housing
- Medical care
- Education
- Clothing
- A stable home life
A court may have an investigator interview the petitioning sibling as well as the younger sibling, as well as visit where they will be living. If the older sibling is able to show that they are mentally, emotionally, and financially capable of caring for their younger sibling and that it would be in their younger sibling’s best interests, they may be awarded custody.
The court may also consider the preferences of the younger sibling about their custody if they are old enough and can express their preferences. If there are multiple minor children in the family, the adult sibling can also argue that having custody will preserve their family unit.
This is especially important in situations where no other relatives can care for all of the siblings, and they would end up separated.
How Old Do You Have to Be to Take Custody of a Sibling in New York?
To obtain custody of a sibling in New York, an individual must be an adult. The age of adulthood is different in every state.
The age of majority in the State of New York is 18 years of age. It is important to note that an adult sibling has to be attempting to obtain custody of a younger sibling who is still a minor or under the age of 18.
An individual might have questions about obtaining custody of their sibling in New York. If so, it is important to schedule a legal consultation with a local attorney in New York who can explain the specific laws that will apply to their situation as well as what they will have to demonstrate to the court.
Can a Sibling Be a Legal Guardian?
A sibling can be a legal guardian if they are awarded the right by a court. As discussed above, courts will usually assume it is in a child’s best interests to live with their biological parents.
An adult sibling may be a legal guardian or obtain custody of their younger siblings in situations such as:
- Both parents are deceased
- Abuse
- Incarceration
- Neglect
- Addiction
- Both parents are incapacitated
- Other reasons that the parents are not fit to raise the child
What Else Should Be Considered?
There are other issues that may arise in sibling custody cases depending on the circumstances of the case. For example, if one sibling lives in one state and another sibling lives in another state, the laws that govern the child custody case may differ in the two states and make the case more complex.
A case can also be further complicated if the child has a disability or if they own a significant amount of property. In addition, the court may require the adult sibling to provide notice to the child’s other relatives of their petition.
Another issue that may be faced is if the parents passed away and granted custody rights to other individuals in their wills.
Do I Need an Attorney for Sibling Custody Issues?
If you want to obtain custody of your younger sibling in New York State, it is very important for you to have help from a New York child custody lawyer. As discussed above, sibling custody cases can be very complex and may also vary depending on where you and your sibling live.
Your lawyer can explain to you what laws will apply in your case, help you file your petition, and present a case on your behalf in court that shows why obtaining custody of your younger sibling is in their best interests. If your younger sibling needs your help, having the help of a lawyer will give you the best chance at obtaining custody of your sibling.
