In order to get custody of your sibling in Oklahoma, you must understand the child custody laws in Oklahoma. In Oklahoma, child custody refers to the set of family-based laws that grant certain legal rights to a child’s biological, adoptive parent or named conservator.
It is important to note that child custody laws in Oklahoma automatically grant child custody rights of a child to their biological mother when a child is born. Further, if both parents were married at the time of the child’s birth, then both the child’s mother and father will get custody rights automatically.
A parent may also obtain child custody upon receiving custody of a child in a divorce or legal separation. For example, if a child’s parents were married but later became divorced or legally separated, child custody laws will be utilized in that process to determine the custody rights of each parent.
Parents might have been unmarried at the time of the child’s birth. If this is the case, both parents can sign an Acknowledgement of Paternity (“AOP”) form, which is often available at hospitals, birthing centers, and local child support offices. The AOP form legally establishes the father’s paternity without needing to go to court. If the parents are unsure about biological parentage, DNA testing may be ordered to establish paternity by the court. Further, a father may also sign a Denial of Paternity Form.
It is important to note that a party who has legal custody over a child in Oklahoma will have certain legal rights to make decisions on behalf of that child. Examples of legal rights a party with custody has include:
- The right to make educational decisions for the child
- The right to determine the child’s primary residence
- 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 the child or the right to represent the child in a lawsuit
- The right to make invasive or noninvasive medical decisions for the child
- The right to consent to the marriage of the child if they are underage
- The right to make decisions regarding the psychiatric treatment of the child
When it comes to a sibling obtaining custody of their younger sibling in Oklahoma, siblings can seek either custody or guardianship of their younger siblings. However, it is important to note that the processes and requirements for each are different.
What Is the Process for Obtaining Custody of a Sibling?
In Oklahoma, a court will consider certain factors when determining whether to name a non-parent as legal guardian. The considerations for determining custody are almost identical to the considerations for determining whether or not to grant a sibling guardianship of their minor sibling.
In general, an older sibling seeking custody of a sibling must also be able to demonstrate why granting them custody is in the child’s best interest. This means that the older sibling must typically provide evidence that the parents are unfit or currently incapable of caring for their sibling.
The general process for obtaining custody of a minor or dependent sibling in Oklahoma is as follows:
Obtaining custody of a sibling in Oklahoma can be a complex process, but here are the general steps you would need to follow:
- The sibling seeking custody must prove that they are eligible to be granted custody
- The older sibling must be at least 18 years old and able to provide evidence that the child’s parents are unfit or incapable of caring for the child, such as by providing evidence of abuse, neglect, abandonment, or other situations that are not in the child’s best interest
- The sibling seeking custody will then need to file a petition for guardianship or custody in the county where their sibling resides, which will outline why they believe they should be granted custody
- The sibling seeking custody will then need to collect evidence to support their claim that the parents are unfit, such as providing police reports, medical records, and witness affidavits from teachers, doctors, or other professionals
- The sibling will then need to attend at least one court hearing where they will need to present their case.
- The judge will then consider the evidence and determine what is in the best interest of the child
In addition to the above steps, the court may also order a home study. A home study is commonly ordered in child custody matters to provide evidence to the court that the person seeking custody has a living situation that is suitable for the child.
As mentioned above, evidence of why the child’s current custody arrangement is not suitable for the child must be presented. Examples of unfit parenting include abuse, neglect, or abandonment.
For instance, the older sibling may provide evidence of physical, psychological, and emotional aspects of the child’s life, parental character, and any history of domestic violence in the home. Once again, when a court is making a decision as to whether or not to grant custody to a sibling, the court will always utilize the child’s best interest standard.
The child’s best interest standard is a legal standard used by Oklahoma courts when making decisions regarding children. Under the child’s best interest standard, any decisions that will affect a child, such as custody, should ultimately benefit and protect the child. As such, in order to get custody of a sibling, the older sibling will need to demonstrate why naming them as the child’s custodian is in the child’s best interest.
How Old Do You Have to Be to Take Custody of a Sibling in Oklahoma?
As noted above, in order to seek custody of a minor sibling in Oklahoma, you must be at least 18 years of age. Additionally, you will need to file a petition for custody in the family court in the county where your sibling resides. Further, the sibling that the older sibling is seeking to gain custody of must be under 18 years of age or otherwise legally dependent.
Can a Sibling Be a Legal Guardian?
Yes, a sibling may also seek to be appointed legal guardian of their younger sibling in lieu of seeking custody. Guardianship is a legal arrangement where a court appoints an individual to care for a minor or an incapacitated adult.
Siblings may seek to be appointed as guardians if the court determines it is in the best interest of the child. For instance, evidence that the biological parents are unfit or unable to care for the child due to reasons like abuse, neglect, or abandonment may all be reasons a court could name an older sibling as legal guardian.
What Else Should Be Considered?
One important factor to consider is that there are costs involved with obtaining custody of a sibling. First, there are filing fees that must be paid in order to initiate the process of obtaining custody.
The filing fee for custody cases in Oklahoma can vary depending on the county and the specific circumstances of the case. In general, the filing fee for a custody petition is around $200 to $250. Along with the initial filing fees, there are also other fees associated with obtaining custody, such as serving all other interested parties.
When it comes to estimating other costs of a child custody case, all of the following may affect the total cost of the case:
- Whether or not the custody is contested
- If contested, the custody case will likely be more complicated and include taking depositions, filing temporary motions, and excessive court hearings
- When it comes to child custody cases, it is often advised to seek representation from a local attorney in Oklahoma
- Attorney fees will then vary based on the amount of time the attorney spends on the child custody case
- There are also miscellaneous fees that add up quickly in custody cases, such as the costs related to paying process servers, paying court costs, undergoing a background check, performing a home study, and paying for certified copies of documents
Do I Need an Attorney for Sibling Custody Issues?
You may be seeking to obtain custody of your younger sibling, and you may have questions regarding the process. If this is the case, it is in your best interests to consult with an experienced Oklahoma child custody lawyer.
LegalMatch can assist you in setting up a legal consultation with an experienced custody lawyer in your area. An experienced child custody attorney will then be able to help you understand Oklahoma’s specific laws on obtaining custody over your minor sibling.
A custody lawyer will also be able to help you gather the evidence necessary to prove that naming you as your sibling’s legal custodian is in their best interests. An attorney will also be able to help guide you through the process of filing the petition for custody. Finally, an attorney will also be able to represent you in court as needed.
