When an individual wants to get custody of their sibling in South Dakota, they will need to follow the state’s child custody laws, which outlines what rights parents and legal guardians will have over a child. These laws provide parents and guardians with the right to make decisions about a child’s:
- School
- Education
- Residence
- Medical care
- Religious practices
In most cases, the individual who has the legal rights to make decisions about a child is their parent or other person who has been awarded custody rights. A parent will automatically be given these rights if their name is on their child’s birth certificate.
Under the laws governing child custody in South Dakota, it can be hard for one sibling to get custody of their younger sibling. Although courts do not usually award custody rights to someone who is not the child’s parent, it is done in some cases.
When the parents of a child are not able to care for them, it does not necessarily mean that their sibling will be able to get custody rights. In situations where the adult sibling wants custody of their younger sibling, they will have to show the court that their parents are not fit to care for the child or that both parents are deceased.
If both of the child’s parents are not deceased, they will need to sign a document that indicates they do not want to have custody of the child. There can also be other issues that cause the court to determine a parent is unfit, such as when the child endures:
- Abandonment
- Not having their basic needs met
- Neglect or abuse
- Psychologically harmful or emotionally damaging situations
When the lifestyles of a child’s parents are not in the child’s best interests, such as ongoing drug use, a court may deem them unfit. This may arise in situations when a court determines that the conduct of the parents is likely to continue into the foreseeable future.
If both of the parents of a child have passed away without a will stating who should care for their child, other people in the child’s life may have an interest in custody, such as:
- Family friends
- Uncles
- Aunts
- Siblings
- Grandparents
It may be hard for an adult sibling to get custody of a sibling because third-party custody rights are usually only given by courts in emergency situations. However, an older sibling should not be discouraged by this fact because their attorney will be able to help demonstrate to the court how giving them custody will be beneficial.
What Is the Process for Obtaining Custody of a Sibling?
When an older sibling wants to get custody of their younger sibling, they will have to show the court that having guardianship over their sibling is both necessary and in their sibling’s best interests. The sibling trying to get custody may also have to ask their sibling’s parents or legal guardians to give up their custody rights voluntarily.
An older sibling may also be able to ask the court to appoint them as their sibling’s legal guardian. It is important to determine whether there is already a custody order in place for their sibling.
If there is, the older sibling will need to file a petition in the same court where the order is already in place in order to avoid having more than one custody order for the same child. There may also be other paperwork that the petitioning sibling must complete.
Even though court employees and employees at the clerk’s office can be helpful when completing paperwork, it is very important to have the assistance of a lawyer when completing any legal form to ensure it is done correctly. Incorrect paperwork can result in a dismissal of the petition or other adverse decisions.
In custody cases, the court may have an investigator interview the petitioning sibling and the younger sibling, as well as visit where they will be living. If the older sibling can show that they are capable of caring for their sibling financially and emotionally, they may be given custody.
All courts that handle cases involving children, including South Dakota courts, make decisions using the child’s best interest standard. When an older sibling is trying to get custody, they will have to show the court that they are able to provide for their sibling’s:
- Medical care
- Food
- Clothing
- Housing
- Education
The older sibling will also need to demonstrate to the court that having custody will be in the best interests of their younger sibling. When the child is old and mature enough to state their preferences, a court may also consider them when making a decision.
When there are additional children in the family, the sibling petitioning for custody may also be able to argue that obtaining custody of the younger sibling can be helpful for preserving the family unit.
How Old Do You Have To Be To Take Custody of a Sibling in South Dakota?
An older sibling has to be an adult to get custody of their younger sibling in South Dakota. This means they have to be 18 years old or older.
When a sibling wants to get custody of their younger sibling in South Dakota, they should have a legal consultation with a local attorney in South Dakota. When a sibling allows a lawyer to handle their custody case, it will give them the best chance to get custody of their sibling.
Can a Sibling Be a Legal Guardian?
Yes, a sibling can become a legal guardian of their minor sibling when the court grants them that right. There are some specific situations in which this may occur, such as when both of their parents are:
- Incapacitated
- Incarcerated
- Have another reason why they cannot care for the child
What Else Should Be Considered?
There are additional things that should be considered along with those mentioned above that can affect child custody cases, making them more complicated. For example, when the siblings live in different states, those states may have different custody laws and rules.
If the minor sibling is the owner of a large amount of property or assets or if they are disabled, there may be other requirements that the sibling trying to get custody must fulfill. For example, they may have to publish a notification in a local newspaper that provides notice to the other parties who may have an interest in the custody arrangement for the child.
Do I Need an Attorney for Sibling Custody Issues?
If you want to get custody of your sibling in South Dakota, it is essential for you to reach out to a South Dakota child custody lawyer for guidance. Your lawyer will be able to advise you about the laws that will apply, the challenges you may have, and how you can present the best possible case.
When your attorney handles your petition, the process will be less stressful, and your chances of success will increase, allowing you to focus on caring for yourself and your sibling. LegalMatch can help you find a custody lawyer in your area at no charge.
All you have to do is submit your custody question on the website and you will receive responses from member attorneys who are licensed, pre-screened, and ready to help. Having help from an attorney is in your best interest and your sibling’s.
