Under Ohio family law, as in other states, child custody includes a parent or legal guardian’s rights to make decisions regarding a child, which include:
- Where they reside
- Where they go to school
- Their religious practices
- Medical care
- The type of education they will have
A parent or another party who has been given custody rights by a court are the ones who make decisions regarding their child. So long as their parental or custody rights have not been terminated, a biological parent, if their name appears on the child’s birth certificate, will automatically have these rights.
Obtaining custody of a minor sibling can be a very complex and nuanced issue in child custody law. Courts usually do not give custody rights to individuals who are not the child’s parent.
It is important to be aware that, when a parent is unable to care for their child, another adult or older sibling will not automatically be granted custody rights over the child. If an older sibling desires to obtain custody of their younger sibling, they will be required to show one or more of the following:
- Both parents are deceased
- Their parents are not fit or capable of caring for their younger sibling
If the parents of the child are not deceased, they will need to sign a document that states that they do not want custody of the child anymore. Issues that may show a parent is unfit can include, but may not be limited to:
- Neglect or abuse of the child
- Exposing their younger sibling to psychologically damaging or emotionally harmful situations
- Not providing for their younger sibling’s basic needs
- Abandoning the child
Unfit parents can be individuals who have lifestyles that are, in general, not considered to be in the best interests of their child or children. In addition, a court will be more inclined to consider the parent to be unfit if their present conduct or situation will likely continue into the foreseeable future.
If both parents have died and they did not have a will that provided for who should care for their child, another party who has a legitimate interest can petition a court for custody of that child. Parties who may be eligible to petition for child custody can include, but may not be limited to:
- Siblings
- Grandparents
- Uncles
- Aunts
- Family friends
Third-party custody rights will typically only be given in emergency situations. Based on these issues, it may be difficult for an older sibling to get custody of a sibling.
What Is the Process for Obtaining Custody of a Sibling?
As previously discussed, an older sibling will need to show the court that obtaining guardianship over their younger sibling is both necessary and in their best interests. To obtain custody of a younger sibling, the older sibling will have to find out whether they need to file a custody appeal.
The older sibling can do this by requesting that their parents or other legal guardians voluntarily give up their custody rights. The older sibling may do this by asking the parents or legal guardians of the child to give up their custody rights so that the older sibling may become their guardian.
The older sibling seeking custody may have to go to the courthouse in the county where their sibling resides and file a petition that requests they be appointed as their sibling’s guardian, in addition to filing any other required forms. Although the employees at the courthouse may be very helpful, it is always advisable to have the assistance of a lawyer when completing any legal forms.
Siblings who are petitioning for custody must also note that they will have to determine if their sibling is also involved in a different custody case or if there is a court order in place that already governs their sibling’s custody.
If there is already a custody order in place, the older sibling may have to petition the court that issued that order to ensure that multiple inconsistent custody orders are not issued. Child custody in Ohio, similar to other states, is based on the child’s best interest standard.
If a child’s older sibling claims that their parents are unfit, they will be required to show a court that they have the ability to care for their younger sibling as well as provide for their:
- Food
- Medical care
- Education
- Housing
- Clothing
- A stable home life
The court may require an investigator to interview the sibling filing the petition and the younger sibling and visit the location where they will be living. If the older sibling can demonstrate that they are financially, emotionally, and mentally capable of taking care of their younger sibling and that it would be in their best interests, they may be given custody.
A court can also take into account the preferences of the younger sibling regarding their custody if they are old enough to state their preferences. If there is more than one minor child in the family, the older sibling may also be able to argue that having custody of their younger sibling will help preserve their family unit, especially in cases where no other relative is available to care for them.
How Old Do You Have to Be to Take Custody of a Sibling in Ohio?
In order to obtain custody of a sibling in Ohio, the older sibling must be an adult or over the age of majority. This age varies by state.
In Ohio, the age of majority is 18 years of age. It is also important to be aware that the older sibling who is trying to get custody must be trying to obtain custody of a younger sibling who is still a minor, or under 18 years of age.
If an individual has any questions about getting custody of their sibling in the State of Ohio, they should schedule a legal consultation with a local attorney in Ohio who can explain the specific laws that apply to their situation and what they will have to demonstrate to the court.
Can a Sibling Be a Legal Guardian?
A sibling may be a legal guardian if they are awarded guardianship rights by a court. As noted above, most courts assume it is in a child’s best interests to reside with their biological parents.
Situations in which older siblings may be legal guardians may include:
- Incarceration
- Both parents are incapacitated
- Other reasons that the parents are not fit to care for the child
What Else Should Be Considered?
Sibling custody cases can be even more complicated if the siblings reside in different states, as the laws of each state may be different. In addition, if the younger sibling is disabled or owns a large amount of property, the case may be more complex.
In these situations, the court may require the petitioning sibling to provide a notification to other parties who may be interested in the child’s custody situation.
Do I Need an Attorney for Sibling Custody Issues?
If you are interested in getting custody of a younger sibling in Ohio, you should consult with an Ohio child custody lawyer as soon as you can. Your attorney can advise you of the laws that will apply and the possible complex issues in your situation, assist you with filing your petition, and present your case to the court on your behalf.
LegalMatch is an excellent place to find an attorney who can help you show why having custody of your younger sibling is in their best interests. You simply submit your concern on the website free of charge, and you will receive responses from member lawyers in around 24 hours, including their background, education, and fee arrangements.
