How to Get Custody of a Sibling in Pennsylvania

Child custody in Pennsylvania refers to the set of legal rights that are granted to a biological or adoptive parent in Pennsylvania upon receiving custody of their child in a divorce or legal separation setting. For instance, a parent who has legal custody over their child in Pennsylvania will have the right to make important legal decisions on behalf of that child.

Examples of important decisions that an individual possesses when they have legal custody over a child include, but are not limited to:

• The right to make educational decisions for the child, such as what type of school they go to, what type of courses the child should take, and other educational choices
• The right to make religious decisions regarding what religion to raise the child in, if any
• 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 their child or represent the child in a lawsuit
• The right to make medical decisions for the child, such as whether or not the child should undergo invasive and noninvasive procedures
• The right to make decisions regarding the psychiatric treatment of the child

What Is the Process for Obtaining Custody of a Sibling?

In Pennsylvania, a family court will consider certain factors when awarding custody of a child. Specifically, the factors considered by a family court in Pennsylvania can be found at Title 23, Chapter 53, Section 5328 of the Pennsylvania Consolidated Statutes.

That statute provides that a family law court will consider the following factors when awarding custody of a child:

• Who is likely to encourage and permit frequent and continuing contact between the child and another party
• Any present and past abuse committed by a party or member of the party’s household that may create a risk of harm to the child
• The parental duties performed by each party attempting to obtain custody
• The need for stability and continuity in the child’s education, family life, and community life
• The availability of extended family
• The child’s sibling relationships.
• The preference of the child, which may be considered based on the child’s maturity and judgment
• Which party seeking custody is more likely to maintain a loving, stable, consistent, and nurturing relationship with the child adequate for the child’s emotional needs
• Which party seeking custody is more likely to attend to the daily physical, emotional, developmental, educational, and special needs of the child
• The party seeking custody’s availability to care for the child or ability to make appropriate child-care arrangements
• The history of drug or alcohol abuse of any person seeking custody
• The mental and physical condition of the person seeking custody, as well as the child
• Any other relevant factor

It is important to note that when considering all of the above factors, the court will always make a custody decision based on the child’s best interest standard. The child’s best interest standard is a legal standard that all family courts adhere to when making decisions regarding children and child custody. Under the standard, any decisions that will affect a child, such as child custody or visitation rights, should ultimately benefit and protect the child.

As such, when it comes to awarding custody of a child to their sibling, the sibling must follow the same process as a parent seeking custody. In other words, they will likely need to file for a Petition for Custody or Petition to Modify Custody.

After filing the petition, the sibling will need to then serve the petition on whatever party has current custody of the child. Then the sibling will need to prove their case by demonstrating that based on the factors above, they should get custody of a sibling. This will, of course, be based on their ability to prove awarding them custody is in their sibling’s best interest.

How Old Do You Have to Be to Take Custody of a Sibling in Pennsylvania?

In order to obtain custody of a sibling in Pennsylvania, the older sibling seeking custody must be 18 years of age or older. Additionally, the sibling for whom the older sibling is seeking custody must be under the age of 18.

Can a Sibling Be a Legal Guardian?

In short, yes, under Pennsylvania law a sibling may be the legal guardian of a younger sibling. However, when it comes to obtaining custody of a younger sibling, a family law court will typically only award custody to an older sibling in extreme circumstances. For instance, if there are no parents or grandparents available to assume custody of their child, or there is evidence of child abuse.

This is because the child’s best interest standard generally presumes that awarding child custody to a child’s biological parents is in the child’s best interest. As such, a sibling seeking custody will have to rebut that presumption by demonstrating awarding them custody is in the child’s best interest standard instead of any other party that is available.

What Else Should Be Considered?

It is important to also consider the costs associated with obtaining custody of a sibling.
When it comes to estimating the overall cost of a custody case, the following will affect the cost:

• The Type of Custody Dispute: It is important to note that uncontested child custody cases are going to cost less to resolve than contested cases
  • However, if child custody is contested, the dispute will likely be more complicated and include taking depositions, filing temporary motions, excessive court time, and often the hiring of expert witnesses, such as child psychologists and other experts
• Specialists and Expert Witness Costs: Some custody cases require the assistance of a specialist or an expert, such as a child psychologist, which can increase the cost of the custody case
• Attorney Fees: When it comes to custody cases, it is often advised to seek representation from a local attorney in Pennsylvania. Attorney fees will then vary based on the amount of time the attorney spends on the case, as well as the attorney’s hourly fee
• Other Miscellaneous Fees: There are also miscellaneous fees that add up quickly in child custody cases, including paying process servers, paying court costs, paying for a mediator, paying for certified copies of documents, and other fees that are commonly involved in handling a child custody case

Do I Need an Attorney for Sibling Custody Issues?

As can be seen, numerous presumptions are taken into consideration when determining the legal custody of a sibling. As such, if you are seeking custody of a sibling, it is in your best interests to consult with an experienced Pennsylvania child custody lawyer.

LegalMatch can assist you in setting up an initial legal consultation with a custody lawyer in your area. An experienced child custody attorney will be able to help you understand your state’s specific laws on a sibling obtaining child custody, including any child custody presumptions that are utilized by your local family law court.

Additionally, an attorney will also be able to help you gather evidence to rebut any child custody presumption that may be unfavorable to your case. Finally, an attorney will also be able to represent you in court, as needed.